Centre for Internet and Society

Sameet Panda - Data Systems in Welfare: Impact of the JAM Trinity on Pension & PDS in Odisha during COVID-19

Sameet Panda — 2021-02-26T07:36:10Z

This study by Sameet Panda tries to understand the integration of data and digital systems in welfare delivery in Odisha. It brings out the impact of welfare digitalisation on beneficiaries through primary data collected in November 2020. The researcher is thankful to community members for sharing their lived experiences during course of the study. Fieldwork was undertaken in three panchayats of Bhawanipatna block of Kalahandi district, Odisha. Additional research support was provided by Apurv Vivek and Vipul Kumar, and editorial contributions were made by Ambika Tandon (Senior Researcher, CIS). This study was conducted as part of a project on gender, welfare, and surveillance, supported by Privacy International, UK.

Report: Download (PDF)

Extract from the Report

The COVID-19 pandemic has accelerated flaws in social institutions as never before - threatening food security, public health systems, and livelihood in the informal sector. At the time of writing this report, India is the second-worst affected country in the world with over 9.8 million confirmed cases and more than 1.4 hundred thousand deaths. Unemployment has been increasing at an alarming rate, from 6.67 to 7 percent in October...

Following the national lockdown, many families belonging to low-income groups and daily wage earners found themselves stranded without money, food or credit from their employers. During the strict lockdown of the economy between March to June 2020 lakhs of migrants faced starvation in cities and walked back home. The government responded with some urgent measures, although inadequate. To cope with the food and economic crisis the Government of India and state governments initiated several social protection schemes. In Odisha, The central government provided two kinds of support, cash transfer through Direct Benefit Transfer (DBT) MGNREGS, Pradhan Mantri Jan Dhan Yojana (PMJDY) and Pradhan Mantri Ujjwala Yojana (PMUJ), advance release of pension in cash to existing beneficiaries and cash support of Rs. 1000. The Odisha government provided cash support of Rs. 1000 to ration card holding families. Beneficiaries of the Public Distribution System also received free-of-cost food grain under the Pradhan Mantri Garib Kalyan Anna Yojana...

Over the last couple of years, along with making the Aadhaar mandatory, the government has also been working towards linking mobile numbers and bank accounts of beneficiaries. An increasing number of schemes are shifting to Direct Benefit Transfer from in-kind or cash benefits - 324 schemes under 51 ministries of the Government of India. Such schemes are relying on the linkage of Jan Dhan accounts, the Aadhaar, and mobile numbers (the “JAM trinity”) to facilitate access to Direct Benefit Transfers. The Economic Survey 2015-16 has pointed out that without improving mobile penetration and rural banking infrastructure making the JAM trinity mandatory would continue to lead to exclusions. The issues with each of the components of the JAM trinity worsened during the COVID-19 crisis with restrictions on physical movement, difficulties in topping up mobile phone accounts, and enrolling for the Aadhaar or addressing other technical issues.

This report assesses the role of the data system in welfare delivery. It focuses on the impact of the three components of the JAM trinity - Jan Dhan Account, mobile numbers and the Aadhaar on Direct Benefit Transfer, social security pension and the Public Distribution System. The objective of this study is to understand the challenges faced by beneficiaries in accessing PDS and pension as a result of digitisation processes. This includes failures in Direct Benefit Transfers and exclusions from databases, particularly during the COVID-19 pandemic. The study focuses on gender as a key component shaping the impact of digitisation on beneficiaries. The sample includes both men and women beneficiaries in order to identify such gendered differences. It will also identify infrastructural constraints in Odisha that impact the implementation of digital systems in welfare. Also, it will analyse policy frameworks at central and state levels, to compare their discourse with the impact on the ground.

For more details visit https://cis-india.org/raw/sameet-panda-jam-trinity-pension-pds-odisha-covid-19

Universal Service for Persons with Disabilities: A Global Survey of Policy Interventions and Good Practices

nirmita — 2012-10-08T05:43:46Z

The Global Initiative for Inclusive Information and Communication Technologies and the Centre for Internet and Societies in cooperation with the Hans Foundation have published the Universal Service for Persons with Disabilities: A Global Survey of Policy Interventions and Good Practices. The book consists of a Foreword by Axel Leblois, an Introduction and four chapters. Deepti Bharthur, Axel Leblois and Nirmita Narasimhan have contributed to the chapters.

Foreword

Universal Service definitions have been developed by 125 countries and are the foundation for policies and programs ensuring that telecommunications are available to all categories of population. Universal service funds are the main vehicle used to fund those programs, primarily addressing imbalances such as lack of availability of services in rural areas. While geographic coverage has vastly improved over the past decade with wireless infrastructure, the scope of Universal Service has expanded to include other categories of underserved populations.

Among those, persons with disabilities and senior citizens, who represent 15% of the world population[1] are an increasing concern for legislators and regulators. Basic accessibility features for public telephone booths, fixed line or wireless handsets, customer services in alternate formats such as Braille, or assistive services such as relay services for hard of hearing or deaf persons are in fact not implemented in a majority countries.[2]

To address those issues, several countries have expanded the scope of their national definition of Universal Service Obligation to include persons with disabilities allowing programs promoting the accessibility of information and communication technologies to be covered by Universal Service Funds.

The adoption of the Convention on the Rights of Persons with Disabilities by over 150 countries since March 31st, 2007 will likely accelerate this trend: States Parties have an obligation to ensure that Information and Communication Technologies and Services are made accessible to persons with disabilities. This can be done by aligning the definition of Universal Service Obligation with article 9 of the Convention and expanding the charter of Universal Service Funds to cover programs promoting accessibility for persons with disabilities. This report is the first attempt to document how Universal Service definitions and related policies and programs have been implemented by various countries to ensure that persons with disabilities have full access, on an equal basis with others,to telecommunication services.G3ict would like to express its sincere appreciation to the Center for Internet and Society for its support of this project, to Nirmita Narasimhan for researching and editing this report;to the International Telecommunication Union for providing references and helping identify countries to be surveyed, and to the Hans Foundation for funding the print version of the report. Promoting universal service for persons with disabilities can affect positively the lives of millions of users around the world. We hope that this report may serve as a useful reference for policy makers, operators, organizations of persons with disabilities, and as a framework for good practice sharing among countries currently implementing the Convention on the Rights of Persons with Disabilities.

Axel Leblois
Executive Director
G3ict – Global Initiative for Inclusive ICTs

Introduction

The advent of the Internet and accessible information and communication technologies (ICT) has opened up exciting possibilities and opportunities for persons with disabilities.The United Nations Convention on the Rights of Persons with Disabilities (the ‘UNCRPD’)3 has explicitly recognized the right of persons with disabilities to seek, receive and impart information on an equal basis with others4 and has placed specific obligations on member states to ensure that all ICT based facilities and services (which include telecommunications services) must be made available and accessible to all. To this end, member states are required to formulate and implement appropriate laws and policies at national, regional and global levels. In an age where almost all spheres of life are inextricably woven with and dependent on ICT, Article 9 of the UNCRPD on Accessibility is possibly one of the most powerful and critical tools in the hands of policy makers to ensure that persons with disabilities are assured of basic human rights such as education, health, employment and access to information and participation.While the lack of awareness amongst governments is undeniably a serious impediment to implementing accessible ICT in any country, an equally serious and perhaps more realistic problem is the lack of resources which is plaguing many countries, especially developing nations. The fact that governments are already struggling to ensure basic human rights for all citizens by judiciously dividing their limited resources for the whole gamut of needs makes it difficult for them to outlay separate and substantial budgets which may be required for implementing ICT accessibility. In such a scenario it becomes very important to look around and identify sources of funding, new or existing, which can be leveraged by governments to fulfill their obligation towards making all ICT based applications and services accessible and promoting assistive technologies for persons with disabilities.

This report aims to highlight the extreme suitability of leveraging the Universal Service Fund (USF) to implement accessibility and assistive technologies in telecommunications. It examines the evolution of the concept of USF, its minimum mandate and scope, funding sources, as well as project implementation mechanisms and showcases countries which are using the USF to fund accessibility projects through policies and programmes.

[1].WHO Global Report on Disability, June 2011 - http://www.who.int/disabilities/world_report/2011/en/index.html

[2].CRPD Progress Report on ICT Accessibility – 2010 by G3ict - http://g3ict.org/resource_center/publications_and_reports

Click here for the Braille format
Download the Daisy version here
Download the book here PDF [302 KB]

For more details visit https://cis-india.org/universal-service-for-persons-with-disabilities

Guidelines for Examination of Computer Related Inventions: Mapping the Stakeholders' Response

nehaa — 2015-01-05T17:01:50Z

The procedure and tests surrounding software patenting in India have remained ambiguous since the Parliament introduced the term “per se” through the Patent (Amendment) Act, 2002. In 2013, the Indian Patent Office released Draft Guidelines for the Examination of Computer Related Inventions, in an effort to clarify some of the ambiguity. Through this post, CIS intern, Shashank Singh, analyses the various responses by the stakeholders to these Guidelines and highlights the various issues put forth in the responses.

I. Introduction

In June, 2013 the Office of Controller General of Patents, Designs and Trademarks ('IPO'), released the Draft Guidelines for Examination of Computer Related Inventions ('Guidelines'). The aim of the Guidelines was to provide some much needed clarity around patentability of Computer Related Inventions ('CRI'). The Guidelines discuss the procedure to be adopted by the examiners while examining CRI patent applications. In response to the Guidelines, several stakeholders submitted their comments to either accept, reject or modify the interpretation provided by the IPO. Most of the comments circled around the phraseology of Section 3(k), Patents Act, 1970 ('Act'). In its current form, Section 3(k) reads as "a mathematical or business method or a computer programme per se or algorithms", and comes under Chapter III of the Act which lists inventions that are not patentable. Simply put, this means that software cannot be patented in India, unless it is embedded/combined in with some hardware. While this is the most widely accepted interpretation of this Section 3(k), there have been contradictory interpretations as well.

In this note, I shall look at the various ambiguities surrounding patent application for CRIs. The note has been divided into five parts. Part II briefly reiterates the legislative history behind Section 3(k) and CRI patenting. Part III would briefly summarize the various parts of the Guidelines where the IPO has given their interpretation and opinion on the various issues surrounding CRI patenting. Part IV would then map the position of the stakeholders on each ambiguous point. Lastly, Part V would give the conclusion.

II. Legislative History

Under the Patent Act, 1970, prior to the 2002 Amendment, there was no specific provision under which software could be patented. Nonetheless, there was no explicit embargo on software patenting either. For an invention to be patentable, under Section 2(1) (j) of the Act, which defines an invention, general criteria of novelty, non-obviousness and usefulness must be applied. Software is generally in the form of a mathematical formula or algorithm, both of which are not patentable under the Act as they do not produce anything tangible. However, if combined or embedded in a machine or a computer, the resultant product can be patented as it would pass the aforementioned criteria.

The Parliament, in 1999, sought to amend the Act to bring it in conformity with the changing technological landscape. Consequently, the Patent (Second Amendment) Bill, 1999 was introduced in the Parliament which was then referred to a Joint Parliamentary Committee ('JPC'). The ensuing Bill proposed Section 3(k) in its current phraseology. It reasoned that:

" In the new proposed clause (k) the words ''per se" have been inserted. This change has been proposed because sometimes the computer programme may include certain other things, ancillary thereto or developed thereon. The intention here is not to reject them for grant of patent if they are inventions. However, the computer programmes as such are not intended to be granted patent. This amendment has been proposed to clarify the purpose. "

The Bill was then enacted as the Patent (Amendment) Act, 2002 and reads in its current form as:

Section 3(k) - "a mathematical or business method or a computer programme per se or algorithm"

This created some ambiguity with respect to the interpretation of the term "per se". It was interpreted to mean that software cannot be patented unless it is combined with some hardware. This combination would then have to comply with all the tests of patentability under the Act.

In December, 2004 the Patent (Amendment) Ordinance, 2004 ('Ordinance') was enacted which amended Section 3(k) to divide it into two parts, namely Section 3(k) and Section 3(ka).

"(k) a computer programme per se other than its technical application to industry or a combination with hardware;

(ka) a mathematical method or a business method or algorithms; ".

In February, 2005 the Ordinance was introduced in the Parliament as the Patent (Amendment) Bill, 2005.This included the amendment to Section 3(k) as under the Ordinance. In the Objects and Reasons it clarified that the intention behind the amendment was to " modify and clarify the provisions relating to patenting of software related inventions when they have technical application to industry or in combination with hardware ". However, the final amending Act did not divide Section 3(k) as proposed by the Ordinance. In the press note, by the Ministry of Commerce and Industry it was noted that:

"It is proposed to omit the clarification relating to patenting of software related inventions introduced by the Ordinance as Section 3(k) and 3 (ka). The clarification was objected to on the ground that this may give rise to monopoly of multinationals."

Later, in the same year the IPO release a Manual of Patent Office Practice and Procedure, 2005. Here, it noted that "a computer readable storage medium having a program recorded thereon…irrespective of the medium of its storage are not patentable". This did nothing to clarify the ambiguity that existed.

Similarly, the Parliamentary Standing Committee on Commerce, 88^th Report on the Patent and Trademark System in India (2008) noted the uncertainty surrounding the term 'per se' and said that there was a need to clarify the same. It did not do anything in furtherance of pointing this out.

The 2011 Manual of Patent Office and Procedure, 2011 tried to elaborately deal with the ambiguity. Nonetheless, substantively it did not change the uncertainty. It stated that:

"If the claimed subject matter in a patent application is only a computer programme, it is considered as a computer programme per se and hence not patentable. Claims directed at computer programme products' are computer programmes per se stored in a computer readable medium and as such are not allowable. Even if the claims, inter alia, contain a subject matter which is not a computer programme, it is examined whether such subject matter is sufficiently disclosed in the specification and forms an essential part of the invention."

III. Draft Guidelines for Examination of Computer Related Inventions, 2013

The Draft Guidelines were released on June 28, 2013, following which stakeholders were invited to give comments.

Terms/ Definitions used while dealing with CRIs

At the outset, the IPO put a caveat to say that the Guidelines do not constitute 'rule making'. Consequently, in case of a conflict between the Guidelines and the Act, the Act shall prevail. After the Introduction and Background, in Part I and Part II respectively, the Guidelines looked at the various definitions/terms that correspond to CRI patent claims in Part III. In all, there were 21 such definitions/terms that were sought to be clarified. These definitions can be branched into three categories.

Category I- Where the definition/term was borrowed from some other Indian stature.
Category II- Where the definition/term was construed according to the plain dictionary meaning. Category III- Where the Guidelines tried to give their interpretation to the term/definition.

Under Category I, there were seven definitions whose meaning was derived from some other stature. The meaning of Computer Network, Computer System, Data, Information and Function were derived from Information Technology Act, 2000 ('IT Act'). The definition of Computer Programme was taken from Copyright Act, 1957. Lastly, the definition of Computer was taken from both Copyright Act and IT Act.

Under Category II, the Guidelines underscored five definitions whose meaning was to be borrowed from the Oxford Dictionary. These were algorithm, software, per se, firm ware and hardware. Importantly, it was noted that these definitions have not been defined anywhere in Indian legislations. Lastly, under Category III the Guidelines tried to interpret certain terms according to their understanding. These terms included, Embedded Systems, Technical Effects, Technical Advancement, Mathematical Methods, Business Methods etc.

Categorization of CRI claims

In Part IV, the Guidelines tried to broadly group the various CRI patent applications under four heads. These categorizations tried to give an insight into what the patent examiners look for while rejecting a patent application.

Method/process:

Without defining what a method or process would entail, the Guidelines stated that any claim carrying a preamble with "method/process for..." shall not be patentable. It clarified that claims relating to mathematical methods, business methods, computer programme per se, algorithm or mental act are cannot be patented as they are prime illustrations of claims under this category. Further, the Guidelines gave specific examples of each of the aforementioned claims.

Apparatus/system

The second category consisted of claims whose preamble stated that the patent application was for an "apparatus/system". Under this, the patent application must not only comply with the standard tests of patentability- novelty, inventive step and industrial applicability, but also define the inventive constructional or hardware feature of the CRI. However, in contradictory statements, the Guidelines try to narrow down the prerequisites for a claim under this category, only to state that such claims cannot be patented.

Computer readable medium

While stating this as a category, the Guidelines do not elaborate on what this exactly means and what types of claims would be rejected being under this category.

Computer program product

This category includes computer programs that are expressed on a computer readable medium (CD, DVD, Signal etc.). Further, infusing ambiguity to the debate, the Guidelines failed to differentiate between Computer Readable Medium and Computer Program Product.

Examination Procedure used by IPO

The examination procedure for CRI patent application in the Guidelines is similar to other patent applications which look at novelty, inventive step and industrial applicability. However, claims relating to determination of specific subject matter under the excluded categories (Method/Process, Computer Readable Medium, Apparatus/system, and Computer Program Product) require specific examination skills from the examiner.

Under the excluded category itself, Method/Process requires subjective judgement by the examiner as to whether such a claim qualifies to be classified under this category or not. For investigating the inventive step involved in the 'method/process', the technical advancement over existing knowledge in the technological field has to be analyzed. Any patent claim from a non-technological field shall not be considered.

The Guidelines then tried to clarify the controversial Section 3(k) which eliminates the patenting of computer programmes per se. While previously stating that the definition of the term 'per se' as borrowed from the Oxford dictionary meant 'by itself', the Guidelines stated that computer programme loaded on a general purpose computer or related device cannot be patented. Nonetheless, while filing patent application for a novel hardware, with a loaded computer programme, the likelihood patenting the combination cannot be ruled out. Further, the stated hardware must be something more than a general purpose machine. Essentially, a patent for a novel computer programme combined with a novel hardware, which must be more than a general purpose machine, may be considered for patenting. It then gave several examples which were followed by flowcharts to further clarify ambiguities surrounding CRI patentability. Interestingly, all these examples and flowcharts only listed the inventions that are not patentable.

IV. Response by Stakeholders

Many and various comments were received from 36 stakeholders that including lawyers, civil society members, law firms, students, global and national trade bodies and industry representatives.

Our compilation (and the first level of analysis) of the Stakeholders' Responses is available here.

While all the stakeholders' applauded the much needed transparency in the IPO, substantively they differed considerably on various issues and highlighted some inconsistencies. In this part, I shall map the responses of the various stakeholders'. While doing so, I shall also try and find specific patterns to the responses corresponding to the following segments:

1. Civil Society

2. Law Firm/Advocates ('law Firms')

3. Industry/ Industry Representatives/Global Trade Body (Industry)

4. Students

These segments have been created on the assumption that each of the aforementioned segment would lobby for similar kind of policy.

Interpretation of Section 3(k)

One of the major points of deviation between the stakeholders was regarding the interpretation of Section 3(k) which encapsulates the term "computer programme per se".

The industry responded by critiquing the current CRI patenting regime in India as being "restrictive" ( FICCI , NASSCOM, US India Business Council and Bosch ). While some industry representatives sought clarifications due to uncertain phraseology, there was no industry representative that favored restricted interpretation to exclude software patenting altogether. While opposing the Guidelines, they sought assistance from the legislative history behind introduction of Section 3(k). It was pointed out that the term 'per se' was included to raise the threshold of patentability to something higher than the previous patentability standard, but it did not explicitly exclude patent protection for software.

The general perception of the stakeholders, keeping in mind the current Guidelines, was that for patenting software it had to be combined with some hardware. This combination would then be scrutinized against the triple test of novelty, inventive step and industrial application.

While the Guidelines noted that the hardware involved must not be general purpose hardware and that the chances of software patentability would increase significantly if novelty resides in the hardware; however, most of the industry and global trade bodies disagreed with this interpretation. They argued that if software in combination of hardware technically advances the existing technology, then such an innovation must be patentable, despite being combined with a general purpose machine (Bosch). Another explanation supporting expanded interpretation was that much of the technological innovation is accomplished through software development as compared to hardware innovation and novel software can achieve technical effect without the hardware developments ( BSA- The Software Alliance ). Consequently, software development that allows a general purpose machine to perform tasks that were once performed by a special machine must be incentivized. Some stakeholders interpreted the Guidelines to reason that hardware must be completely disregarded while examining patentability of software (Majumdar & Co. ).

Most of the responses from the civil society argued for a restricted interpretation of Section 3(k) ( Centre for Internet & Society). They concurred with the interpretation provided by the IPO to exclude software patentability. Most of the stakeholders responded seeking further clarification on the subject (Software Freedom Law Centre , K&S Partners and Xellect IP Solutions).

However, within each segments itself there was difference of opinion on the interpretation of Section 3(k). For instance, out of the five civil society members, four wanted to restrictive interpretation while one of them favoured expansive interpretation to include software patenting. Similarly, 13 law firms sought further clarification on the subject matter, while seven argued for expansive interpretation and one of them argued for restricted interpretation. The most consistent response was from the industry that clearly favoured software patenting and called the Guidelines "restrictive". Seven out of the nine industry representatives supported expansive interpretation and the other two sought further clarifications on the subject.

Section 5.4.6- Hardware

The interpretation of Section 3(k) until the release of the Guidelines was that software in combination with some hardware could be considered for patenting. However, the Guidelines increased the threshold stating that this hardware must be "something more than a general purpose machine". A stakeholder pointed out that increasing this threshold would go against the legislative intent as the requirement of a novel hardware has not been mentioned anywhere in the Act ( Anand & Anand ).

The industry's perspective on this matter was largely uniform. They pointed out the large technological field that would be eliminated from the scope of patentability if the interpretation provided by the Guidelines is adopted ( Bosch). Also, the investigation of novelty in the hardware would disincentives inventors in the field of CRIs ( Kan & Krishme ). Most of the stakeholders, across segments, sought more clarification on the role of hardware under Section 3(k) (Majumdar & Co. Centre for Internet & Society).

Comparative Analysis

Much of the criticism surrounding CRI patenting policy in India is based on the comparative inconsistency with similar laws in other jurisdictions. Comparative analysis on the subject has only been provided by the stakeholders that support software patentability. They point out that most countries like US, UK, Japan and the European Patent Convention allow patenting of software, and India must also do the same in order to comply with its international obligations under the TRIPs Agreement. Paradoxically, stakeholders who supported the current practice chose not to comparatively analyze CRI policy of other jurisdictions. While most of the stakeholders simply jumped to analyze comparative jurisprudence on the subject, only one of them gave a reasonable explanation for such a comparison ( LKS). It was noted that the Supreme Court of India and the Intellectual Property Appellate Board regularly borrow from foreign decisions to either accept or deny patents. Therefore, while formulating any policy on the matter, the position in other jurisdictions must be considered.

It was reasoned that the term 'per se' used in the Act, is similar to the European Patent Convention and UK Patent Act, 1977 where the term 'as such' has been used. Therefore, while juxtaposing both the terms, the interpretation of 'per se' must be similar to 'as such'. Consequently, software patenting must be allowed subject to the tests evolved by the courts. Similarly, the term 'as such' has been used by several Asian countries including China, Taiwan, South Korea and Japan. In these countries, software in concert with a specific hardware that resolves a technical problem thereby achieving a technical result can be patented ( Krishna and Saurastri Associates ).

Likewise, while comparing the jurisprudence of US, the landmark case Diamond vs. Diehr, which marked the beginning of software patenting was cited ( Subhojeet Ghosh and US India Business Council ). Several others argued that India must align their laws with global standards ( Bosch, Phillips Intellectual Property and Standards , Sun Smart IP Services , United Overseas Patent Firm).

Business Method

The Guidelines tried to narrow down the definition of 'Business Method' to clarify that such claims cannot be patented. It was urged that the Guidelines reconsider such a blanket embargo ( Legasis Partners- Advocates and Solicitors, Anand & Anand ). While judging patentability, a patent must not be rejected simply because it mentions business method or business method related terminology. What must be examined is whether the inventive step resides in the technical or non-technical part of the claim ( Legasis Partners- Advocates and Solicitors). A distinction must be made differentiating as to what software implementing business method and a software relating to the technical aspect of the transaction ( Anand & Anand ). While the former can be rejected, the latter must be accepted subject to the triple test of patenting.

It was pointed out that reevaluating a business method claim apart from a method involving financial transaction; monopoly claim over trade and new business strategies; monopoly claim over new types of carrying out business and method of increasing revenue; must be rejected (Law Offices of Mohan Associates , Remfry and Sagar, FICCI ). The more overarching opinion of the stakeholders was there is no objection to the exclusion of business method patents, but what constitutes business methods need more clarity (D. Moses Jeyakaran, Law Firm of Naren Thappeta , Japan Intellectual Property Association ).

Critique of Examples and Flowcharts

The Guidelines provided for several examples and flowcharts to foster a better understanding of the subject matter. However, a notable feature of each of these was that they only gave examples of what claims would be rejected. This was sufficiently pointed out by most of the stakeholders who sought more positive examples (Bosch, BSA- The Software Alliance , K&S Partners , FICCI , Xellect IP Solutions, Japan Intellectual Property Association , In-House Intellectual Property Professional Forum, NASSCOM , Obhan & Associates , Remfry & Sagar, Tata Consultancy Services ). It was pointed out that the examples have not sufficiently elaborated on their relation with Section 3(k) ( FICCI ), and some of them are "weak, obscure and incorrect" ( Software Freedom Law Centre). These examples also fail to elaborate on the tests that have previously been applied by the Patent Office ( LKS). Overall, the general perception was that, the examples were confusing and greater clarity along with positive examples was needed ( LKS, Anand & Anand ).

Interestingly, out of the 25 stakeholders' who commented on the illustrations, 16 sought positive examples. Further, most of the positive examples were sought by industry representatives and law firms who supported software patenting.

V. Conclusion

It has been over a year since IPO released the CRI Guidelines. On release, it invited suggestions in order to revise the Guidelines, but the revised version has still not been released by the IPO. The Guidelines were authored from a patent examiner's perspective; however, while doing so it obscured the matter further. It was argued that in totality the application of the Guidelines would now make the patentability of software stricter. It was also pointed out that the Guidelines have not taken into account the legislative history and the specific rejection of the Ordinance in the 2005 Amendment.

The responses received by IPO gave conflicting opinion on the same issue. In general, it can be concluded that the industry and law firms were in favour of allowing software patenting. They sought removal of the hardware requirement for software patentability. Most of the stakeholder's who favoured software patenting also undertook a comparative study of jurisdictions like US, UK, EU and Japan to point out the difference in the software patenting policy. Further, they also wanted the Guidelines to give positive examples wherein CRIs patenting has previously been allowed.

Admittedly, the Guidelines have no legal standing and much like the Patent Manual, they serve merely to guide the patent applicants and provide transparency patent examination. Overall, the Guidelines failed to explain the previous inconsistencies surrounding the subject matter. In conclusion the Guidelines mention that it would periodically release and update the Guidelines incorporating the stakeholder's comments. Considering the diverse set of opinions received by the IPO, it now needs to be seen which suggestions are accepted until the next round of comments.

For more details visit https://cis-india.org/a2k/blogs/guidelines-for-examination-of-computer-related-inventions

Strategies to Organise Platform Workers

furtado — 2023-10-22T09:54:52Z

In 2022, the Centre for Internet and Society hosted a panel with Akkanut Wantanasombut, Ayoade Ibrahim, Rikta Krishnaswamy, and Sofía Scasserra at RightsCon, an annual summit on technology and human rights.

Click to download the full report

Event Report

This event report is based on proceedings from a panel hosted at the 2022 edition of RightsCon. Hosted by the labour and digitalisation team at CIS, the panel brought together seasoned labour organisers, activists, and researchers working across Thailand, Nigeria, India, and Argentina. The panellists represented a diverse group of worker organisations, including transnational federations, national unions, and informally organised movements.

Their experiences of organising in research and practice infused our discussion with insight into collective action struggles across varied sectors and platform economies in the global south. Collective resistance among platform workers has witnessed a sustained rise in these economies over the past three years, with demands for transparency and accountability from platforms, and for a guarantee of rights and protections from governments.

Through this panel, we sought to answer:

How have workers’ organisations overcome challenges in sustained collective action?
What have been unique aspects of organising in the global south?
Which strategies have been gaining traction for organising workers and mobilising other stakeholders?

Placing workers’ participation front and centre, the panellists incorporated common threads around campaigning, education, and mobilisation for increasing worker participation, as well as bargaining with the government for legal and social protections. The panellists highlighted that it’s the resilience and resistance led by workers that drive the way for sustained organising. This panel hoped to spotlight steps taken in that direction, where organising efforts strive to form, sustain, and champion worker-led movements.

Contributors

Panellists:
Akkanut Wantanasombut
Ayoade Ibrahim
Rikta Krishnawamy
Sofía Scasserra

Worker organisations in focus:
Tamsang-Tamsong
National Union of Professional App-based Transport Workers
International Alliance of App-based Transport Workers
All India Gig Workers’ Union
Federación Argentina de Empleados de Comercio y Servicios
Asociación de Personal de Plataformas

Conceptualisation and planning: Ambika Tandon, Chiara Furtado, Aayush Rathi, and Abhishek Sekharan

Author: Chiara Furtado
Reviewers: Ambika Tandon and Nishkala Sekhar
Designer: Annushka Jaliwala

This event report is part of research supported by the Internet Society Foundation under the ‘Labour futures’ grant.

For more details visit https://cis-india.org/raw/strategies-to-organise-platform-workers-rightscon

Availability and Accessibility of Government Information in Public Domain

sunil — 2014-12-30T01:25:12Z

The information provided on most Government websites such as Acts, notifications, rules, orders, minutes of meetings and consultations, etc. is usually in the form of electronic documents. However, these lack authenticity and accessibility and cannot be (text) searched., This policy brief identifies the problem areas with the current work flow being used to publish documents and proposes suitable modifications to make them easy to locate, authentic and accessible.

Prepared by Sunil Abraham, Nirmita Narasimhan, Beliappa, and Anandhi Viswanathan and with inputs from Dipendra Manocha, Saksham, and Deepak Maheshwari, Symantec. Download the text as PDF here. (96 Kb)

Problem Statement: The information published on most government websites exist in the form of document files [including but not limited to the Acts, Rules and Regulations, Government Orders and Notifications, Consultation Papers, Reports etc.] which, even when published, more often than not lack authenticity and accessibility and cannot be (text) searched.

Analysis: The current workflow towards publishing documents on government websites is broadly as follows:

The document is born digital – that means it is created on a computer.
The document is printed.
The document is stamped with the official seal and signed in ink by the authorized person(s).
The paper document is scanned.
The scanned image is converted into a PDF file.
The document is uploaded on the website and thereby published in the public domain.

In fact, at times, even gazette notifications and other printed documents are also scanned as images.

This approach has numerous problems, including the following:

First and foremost, such a practice is against the letter and spirit of Section 4 (1) (a) of the Right to Information Act, 2005.[1] that inter alia, mandates every public authority to “maintain all its records duly catalogued and indexed in a manner and form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated”.
This does not realize the enabling provision of the Information Technology Act, 2000[2] which gives legal sanctity to digital signatures. The digital image of a physical signature is not a digital signature in the eye of the law, though at times it is mistakenly believed to be so.
This does not address the problem of repudiation. That means a government official can say “I didn't sign that document” and there is no way to tell whether what he or she is saying is true. One of the key features of digital signatures is non-repudiability.
Scanned images of printed text cannot be searched for specific text (character, word or phrase) even by people without disabilities but for people with disabilities, the documents become totally inaccessible since the accessibility software cannot parse such scanned images – against the underlying tenets and objectives of the National Universal Electronic Accessibility Policy 2013.[3]
As an extension, content of such documents cannot be indexed by search engines (such as Google, Bing and Raftaar, etc.) and hence, unlikely to be located even if technically the same are in the public domain.

Proposed Solution: The following work flow is proposed for publishing documents electronically on government websites:

The document is born digital by preparing it in or through a computer system. Documents in Indian languages should be produced using Unicode based fonts.
The government official authorized to sign the same, must sign it digitally.
The document is uploaded in an open standard based format such as EPUB using a content management system and made available on the website such that it is available, accessible, indexable and searchable.

This will ensure democratization of information in its truest sense – making available information to the public at large and ensuring that it can be easily located and remains accessible to one and all.

The process of formatting should be standardized in such a way that semantics (such as heading styles, lists and tables) can be added to the text of the document. The Web Style Guide provides information on good practices for creating well-structured documents:

Standardizing the formatting process by creating different templates for different types of documents will ensure uniform accessibility of the documents as well as provide a standard look and feel across government documents.

India became a global pioneer by making the legal provision for computerised, indexed and duly catalogued public records. It is high time that India takes the lead by living up to the legislative intent under the Right to Information Act, Information Technology Act and the National University of Educational Planning and Administration, and thereby establishes a global best practice.

Admittedly, legacy documents should also be converted electronically to accessible formats though before such a rendering, due editorial oversight may be necessary along with use of technologies such as Optical Character Recognition (OCR).

[1]. Government of India. The Right to Information Act, 2005. No. 22 of 2005. Retrieved on November 30, 2014 from http://rti.gov.in/webactrti.htm.

[2]. Government of India. The Information Technology Act, 2000. No. 21 of 2000. Retrieved on November 30, 2014 from http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/itbill2000.pdf

[3]. Government of India. National Policy on Universal Electronic Accessibility. 2013. Retrieved on November 30, 2014 from http://deity.gov.in/sites/upload_files/dit/files/National Policy on Universal Electronics(1).pdf

For more details visit https://cis-india.org/accessibility/blog/availability-and-accessibility-of-government-information-in-public-domain

Mapping Digital Humanities in India - Concluding Thoughts

sneha-pp — 2015-11-13T05:36:10Z

This final blog post on the mapping exercise undertaken by CIS-RAW summarises some of the key concepts and terms that have emerged as significant in the discourse around Digital Humanities in India.

The present exercise in mapping Digital Humanities (henceforth DH) in India has brought to the fore several learnings, and challenges in trying to locate the domain of enquiry even as our understanding of what constitutes new objects, methods and forms of research and pedagogy constantly undergo change and redefinition. Even as we wrap up this study, some of the key questions or problems of definition, ontology and method remain with us, as the 'field' as such is incipient in India, as with other parts of the world and the term itself is yet to find a resonance in many quarters, other than a few institutions and a number of individuals. However, what it does do for us immediately, is throw open several questions about how we understand the idea of the 'digital', and what may be the new areas of enquiry for the humanities at large.

We began with the understanding that DH is a new space of interdisciplinary research, scholarship and practice with several possibilities for thinking about the nature of the intersection of the humanities and technology. The term was a little more than a found name of sorts, which since then has taken on various meanings and undergone some form of creative re-appropriation. The ubiquitous history of the term in humanities computing in the Anglo-American context has helped in locating and defining the field globally within the ambit of certain kinds of practices and scholarship in the contemporary moment. As most of the literature around DH even globally has pointed out, the problem with arriving at a definition is ontological, more than epistemological. The conditions of its emergence and existence are yet to be completely understood, although if one is to take into account the larger history of science and technology studies or even cyber/digital culture studies, these 'epistemic shifts' have been in the making for some time now. In India particularly, where a clear picture of the 'field' as such is still to emerge in the form of a theorisation of its key concerns, areas of focus or object of enquiry, it is only through a practice-mapping that one may locate what are at best certain discursive shifts in the way we understand content, structures and methods in the humanities, within the context of the digital. The fundamental premise of the nature of the digital and its relation to the human subject still lacks adequate exploration which would be required to define the contours of the field. The inherited separation of humanities and technology further makes this a complex space to negotiate, when the term may now actually indicate the need to decode the rather tenuous relationship between the two supposedly separate domains.

The question of methodology then comes in as the next most important aspect here, as the method of DH is yet to be clearly defined. At present it looks like a combination and creative appropriation of methodologies drawn from different disciplines and creative practices. The change in the methodology of the humanities and social sciences itself as now longer remaining discipline-specific has been a contributory factor to the evolving methodology of DH. The practice itself is still evolving, and while DH in the Anglo-American context can trace a history in humanities computing, with now an active interest in other spaces where the digital is an inherent part of the discourse, in India there has been little work in mainstream academic spaces such as universities or research centres, and some interest from the information and technology sector. As such the skills and infrastructure needed to work with large data sets and new technologised processes of interpretation and visualisation still remain outside the ambit of the mainstream humanities. This mapping exercise largely relied on interviews as part of its methodology, without any engagement with the actual practice, mainly because of a lack of consensus on what constitutes DH practice. However, through an exploration of allied fields such as media, archival practice, design and education technology, the study tries to locate how certain practices in these areas inform what we understand of DH today.

The archive, media and now to a certain extent art and design have become the sites for most of the discussions around DH in India, primarily because of the nature of institutions and people who have engaged with the question so far. Archival practice has seen a vast change with the onset of digitisation, and the growth of more public and collaborative archival spaces will also bring forth new questions and concepts around the nature of the archive and its imagination as a dynamic space of knowledge production. At a more abstract level, the nature of the text as an unstable object itself, now increasingly being mediated and negotiated in different ways through digital spaces, tools and methods would be one way of locating an object of enquiry in DH and tracing its connection to the humanities, which are essentially still seen as 'text-based disciplines'. What has been a definite shift is the emphasis on process which has become an important point of enquiry, and one of the many axes around which the discourse around DH is constructed. The rethinking of existing processes of knowledge production, including traditional methods of teaching-learning, and the emergence of new tools and methods such as visualisation, data mapping, distant reading and design-thinking at a larger level would be some of the interesting prospects of enquiry in the field. The method of DH is however, necessarily collaborative and distributed at the same time, as evidenced by its practice in these various areas and disciplines.

While in the Anglo-American context the predominant narrative or raison d'etre of DH seems to be the so-called 'crisis' in the humanities, it may after all be just one of reasons, and not a primary cause, at least in the Indian context. Moreover, in a paradoxical sense the emergence of DH has been seen as endangering the future of the traditional humanities, in terms of a move away from certain conventional methods and forms of research and pedagogy. While this may be relevant to our understanding of the emergence of DH, understanding the emergence of the field as resolving a crisis also renders the discourse into a uni-dimensional, problem-solving approach, thus making invisible other factors, such as the technologised history of the humanities or several other factors that have contributed to these changes. The complex and somewhere problematic history of science and technology in India and the growth of the IT sector also forms part of this context, and will inform the manner in which DH grows as a concept, area of enquiry or even as a discipline. DH is yet another manifestation of changes that we have seen in the existing objects, processes, spaces and figures of learning, particularly the open, collaborative and participatory nature of knowledge production and dissemination that has come about with the advent of the internet and digital technologies. More importantly, they also point towards the larger changes in what where earlier considered unifying notions for the university, namely that of reason and culture, which have now moved towards an idea of excellence based on a certain techno-bureaucratic impulse, as noted by Bill Readings in his work on the rise of the post-modern university[1].

If one may try to locate within this the debates around DH, the subject of this new discourse around the digital is also now rather unclear. One could explore the notion of the digital humanist, or in a more abstract manner the digital subject as one example of this lack of clarity or the distance between the practice and the subject, which is also why it has been of much concern for several scholars. As Prof. Amlan Dasgupta, with English Department at the University of Jadavpur says, it is difficult to identify such a category of scholars, although a person who is able to situate his work in the digital space with the same kind of ease and confidence that people of a different generation could do in manuscripts and books would perhaps fit this description, and he is sure that such a person may be found. For example someone who knows Shakespeare well and can write a programme, and he is sure a day will come when this is a possibility. It is a familiarity in which the inherent distance between these two pursuits becomes lesser - DH is at that moment - a composite of these two approaches rather than the difference.

While many scholars concur with this explanation, others find the term misleading - humanities scholars do not call themselves 'humanists'. Also, by virtue of being a digital subject, anybody engaged with some form of digital practice is already a digital humanist of some sort. The problem also is in the rather unclear nature of the practice, all of which is not unanimously identified as DH, as a result of which not many scholars would want to identify with the term. As Patrik Svensson (2010) points out "The individual term digital humanist may be problematic because it may seem both too general in not relating to a specific discipline or competence (thus deemphasizing the discipline-specific or professional) and too specific in emphasizing the "digital" part of the scholarly identity (if you are scholar) or giving too much prominence to the humanities part of your professional identity (if you are a digital humanities programmer or a system architect). The more general and non-personal term digital humanities is more inclusive, but somewhat limited because of its lack of specificity and relatively weak disciplinary anchorage. For both variants, there is also a question of whether "the digital" needs to be specified at all, and it is not uncommon [9] to encounter the argument that technology and the digital are part or will be part of any academic area, and hence the denotation "digital" is not required" [2]. Svensson further points out that since the term, like digital humanities, has proliferated so much in academic spaces, through publishing and funding initiatives that it has become a term of self-identification, but it could be a reference to the digital as 'tool' rather that the object of study itself. However, he also speculates that given digital humanists work across several disciplines, their understanding of humanities as a construct is stronger as the identity is linked to it at large. [3]

This debate is importantly, symptomatic of a larger conflict over the authority of knowledge, because of what seems to be a move away from the university to alternate spaces and modes of knowledge production. As Immanuel Wallerstein (1996) suggests, such a conflict of authority has already been documented earlier, in terms of the displacement of theology first and then Newtonian mechanics as dominant sources of knowledge, and the now in the manner in which the separation of disciplines is being challenged. The potential of technology in general and the internet in particular in democratising knowledge has been explored in several cases, with many such online spaces now becoming a suitable 'alternate' to the university mode of teaching and learning. What they have also given rise to are questions about the authenticity of knowledge produced and disseminated and who are the stakeholders in the process. The debates over MOOC's and the Wikipedia, and at some level the criticism that DH and certain methods like distant reading have attracted from traditional humanities scholars are a case in point. However, many of these alternate or liminal spaces have always existed; they are perhaps becoming more visible and acknowledged now. DH, with its emphasis on interdisciplinarity and different kinds of knowledge drawn from a diverse set of practices definitely opens up space for a new mode of questioning; whether all of these different modes of questioning can coalesce as a new discipline or interdisciplinary field in itself will remain to be seen.

References

Patrik, Svensson, "The Landscape of Digital Humanities". Digital Humanities Quarterly,4:1 http://digitalhumanities.org/dhq/vol/4/1/000080/000080.html 2010.
Readings, Bill, The University in Ruins Cambridge: Harvard University Press, 1997, pp 1-20.
Wallerstein, Immanuel, "The Structures of Knowledge, or How Many Ways May We Know?" Presentation at "Which Sciences for Tomorrow? Dialogue on the Gulbenkian Report: Open the Social Sciences," Stanford University, June 2-3, 1996 http://www.binghamton.edu/fbc/archive/iwstanfo.htm

The author would like to thank the Higher Education Innovation and Research Applications (HEIRA) programme at the Centre for the Study of Culture and Society (CSCS), Bangalore for support towards the fieldwork conducted as part of this mapping exercise, and colleagues at CIS and CSCS for their feedback and inputs.

Concepts/Glossary of terms

Ontology - A lot of the work being done to define DH is in fact to understand its ontological status, the nature of its being and existence. As pointed out in the part of this section, the difficulty in arriving at a consensus on a definition is largely due to a lack of clarity over the ontological basis of such a field, rather than its epistemological stake, which one may already be able to discern in a few years. There is a slippage due to a lack of connection between the history of the term and its practice, particularly in India, where DH is still a 'found term' of sorts. See http://cis-india.org/raw/digital-humanities/a-question-of-digital-humanities
Humanities - The predominant discourse in the Anglo-American context on DH seems to have set it up in a conflict with or as a threat to the traditional humanities disciplines, the causal link here being the 'crisis' of the disciplines. While there is such a narrative of crisis in the Indian con text as well, anything 'digital' is understood in terms of a problem-solving approach, and at another level seeks to further existing concerns of the humanities themselves, such as around the text. The important shift that DH may open up here is in terms of thinking about the inherited separation of technology and the humanities, and if it indeed possible now to think of a technologised history of the humanities.See http://cis-india.org/raw/digital-humanities/a-question-of-digital-humanities
Digital - the debate around and interest in DH has reinforced the need for a larger and more elaborate exploration of the 'digital' itself, and as mentioned in an earlier post, deciphering the nuances of the current state of digitality we inhabit will be key to understanding the field of DH much better. This is challenging because India is a mutli-layered technological landscape, which is also quite dynamic, ever-changing and in a period of transition to the digital. Taking this back to more fundamental questions of technology and its relation to the subject would also provide more insights into DH.See http://cis-india.org/raw/digital-humanities/digital-humanities-problem-of-definition
Subject - DH is a manifestation of the relationship between technology and the human subject, and provides different ways to negotiate the same. The 'digital humanist' as the likely subject of this discourse has remained largely undefined in this series of explorations, partly because of the lack of resonance with the term among humanities scholars and the fact that everybody at some level is already a digital subject, and therefore a digital humanist. An exploration of how the digital constitutes or constructs a subject position is likely to reveal better the nuances of this term and the reason for its relation to or distance from the practice.
Method - the methodology of a discipline is the connection between theory and field of practice, and the method of DH is still being developed. Whether it is data mining, distant reading, cultural informatics, sentiment analysis or creative visualisations of data sets drawing from aspects of media, art and design, the methodology and interests of DH are necessarily diverse and interdisciplinary. In many a case the distinction among methods, content and forms do blur as newer modes or approaches to DH come into being. This becomes a particular problem in understanding DH in the context of pedagogy and curricular resources, and would therefore require a rethinking of the understanding of a singular methodology itself.
Archive - A large part of the DH work in India seems to be focussed around the archive - both as a concept and practice. With the digital becoming in a sense the default mode of documentation across the humanities disciplines, and the opening up of the archive due to more public and digital archival efforts, the concept of the archive and archival practice have undergone several changes in terms of becoming now more networked and accessible. As mentioned earlier, we are living in an archival moment where there is a transition from analogue to digital, and it is in this moment of transition that a lot of new questions around data and knowledge will emerge. See http://cis-india.org/raw/digital-humanities/living-in-the-archival-moment.
Text - the text has been one of significant aspects of the DH debate, given that the academic discourse on DH in the West and now in India is primarily located in English departments. The understanding of the text as object, method and practice as mediated through digital spaces and tools is an important part of the discourse around DH, and has implications for how we understand changes in the nature of the text, and reading and writing as technologised processes in the digital context. See http://cis-india.org/raw/digital-humanities/reading-from-a-distance.
Process: An important point of emphasis in DH has been that of process, perhaps even more than content or outcomes. Given that the method of DH is collaborative and peer-to-peer, the processes of doing, making or teaching-learning etc become increasingly visible and important to understanding the nature of the field and knowledge production itself. More importantly, it also seeks to bring in the practitioner's experience into the realm of research and pedagogy.
Liminal : DH is a good example of a liminal space; which is a space that is on both sides of a threshold or boundary, and is therefore at some level undefined and transitional. The liminal space is often located at the margin of a body of knowledge or discipline, and it is at the margins of disciplines that new knowledge is produced. The discourse and even criticism around DH highlights the difficulties with defining the present nebulous nature of these liminal spaces and what they could transform into in the future. See http://cis-india.org/raw/digital-humanities/digital-humanities-and-alt-academy.
Interdisciplinarity - Closely tied to the notion of liminal spaces is the notion of interdisciplinarity. DH by nature is interdisciplinary, given that it draws upon methods and concerns from the other disciplines, but instead of limiting the definition to just this, it also provides a space to understand the challenges of negotiating and using an interdisciplinary approach to the humanities and other disciplines and develop these questions further. See http://cis-india.org/raw/digital-humanities/digital-humanities-and-alt-academy.

[1] See Bill Readings, The University in Ruins Cambridge: Harvard University Press, 1997, pp 1-20.

[2] See Patrik Svensson. "The Landscape of Digital Humanities". Digital Humanities Quarterly,4:1 http://digitalhumanities.org/dhq/vol/4/1/000080/000080.html

[3] Ibid.

For more details visit https://cis-india.org/raw/mapping-digital-humanities-in-india-concluding-thoughts

Future of the Commons: A Conversation on Artificial Intelligence, Indian Languages, and Archives Conference Report

Soni Wadhwa, Puthiya Purayil Sneha, Garima Agrawal and Nishant Shankar — 2024-08-06T03:24:53Z

We are pleased to share our report on the ‘Future of the Commons: A Conversation on Artificial Intelligence, Indian Languages, and Archives’ conference, held in July 2024 at the Maharashtra Knowledge Corporation Limited (MKCL) in Pune.

Organized by the Centre for Internet and Society, Bengaluru, and MKCL, the conference explored the development of localized or Indic generative AI models, state of digital commons, and the role of public institutions such as archives and digitization movements. It featured a mix of panel discussions, roundtables, and workshops, providing a platform for policymakers, civil society organizations, academia, researchers, technologists, archivists, and creative practitioners to exchange views and collaborate. The keynote address by P. Sainath, founder of the People's Archive of Rural India (PARI), dwelled on the importance of digitization and archives in India. He emphasized the role of human translators in maintaining the authenticity of stories and the socio-political implications of digitalization on low-resource languages.

The themes discussed at the conference included:

Ongoing Efforts and Innovations in AI:

Current state of research and development of localized generative AI systems.
Use-cases of generative AI products in Indian languages.
Challenges with the availability of training datasets and dependency on big tech.
Open-source development of generative AI models.

Development and Use of Digital Commons:

Digitizing, preserving, and using knowledge and cultural heritage for training AI models.
Practices and challenges in archives and digitization movements, especially in Indian languages.
Role of open knowledge movements and GLAM (Galleries, Libraries, Archives, and Museums) institutions.

Future of AI, including LLMs, in Indian Languages:

Designing AI systems that contribute to the digital commons.
Incentivizing expansion, foregrounding diversity, and safeguarding digital commons.
Role of law, policy, ethics, and algorithmic justice.

The conference concluded with participants emphasizing the need for multidisciplinary collaboration, fostering trust in AI applications, and importance of democratization of technology and data.

We invite you to read the full report for a comprehensive view of the discussions and recommendations that emerged.

If you would like to participate in further discussions on this topic, please write to us at anubha@cis-india.org.

For more details visit https://cis-india.org/raw/report-on-the-future-of-the-commons

CIS Comments on TRAI Consultation Paper on Promoting Local Telecom Equipment Manufacturing

sinha — 2017-11-26T02:56:15Z

The Centre for Internet & Society (CIS) sent comments to the TRAI Consultation Paper on promoting telecom equipment manufacturing. CIS submission drew primarily from the research done in the Pervasive Technologies project.

Read TRAI's Consultation Paper on Promoting Local Telecom Equipment Manufacturing

Preliminary

This submission presents comments by the Centre for Internet and Society, India ("CIS") on the Consultation Paper on Promoting Local Telecom Equipment Manufacturing dated 18.09. 2017, released by the Telecom Regulatory Authority of India (TRAI), under Department of Telecom, Ministry of Communications and Information Technologies (“the TRAI Consultation Paper”).
We commend TRAI for its efforts at seeking inputs from various stakeholders on this important and timely issue and are thankful for the opportunity to put forth our views.
We have addressed questions 3 and 5 of the TRAI Consultation Paper. Question numbers referred to in our submission correspond to those in the TRAI Consultation Paper.
Further, the Department of Industrial Planning and Promotion (DIPP) invited comments on SEPs and their availability on FRAND terms on 01. 03. 2016.[1] CIS submitted a detailed response to the consultation, and our present submission will draw significantly from our earlier response[2], as well as new empirical research concluded in the since the time of the consultation.

About CIS

CIS[3] is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. Our areas of focus include IP rights, openness, internet governance, telecommunication reform, free speech, intermediary liability, digital privacy, cyber-security, and accessibility for persons with diverse abilities.
We strive to maximise public benefit, useful innovation, vibrant competition and consumer welfare. This submission is consistent with our commitment to the domestic goals (as enumerated in Make in India and Digital India), and the protection of India's national interest at the international level.

Submission on the Issues for Resolution

“Q.3 Are the existing patent laws in India sufficient to address the issues of local manufacturers? If No, then suggest the measures to be adopted and amendments that need to be incorporated for supporting the local telecom manufacturing industry.”

We submit that amendments to the Patents Act, 1970 may not be preferred, presently. It may be noted that there have been no judgments concluded by Indian courts on disputes relating to licensing of SEPs, yet. Justice Bakhru’s landmark order in Telefonaktiebolaget LM Ericsson (Publ) v. Competition Commission of India (2016) provided valuable clarity on the issue of conflict between remedies under Patents Act, 1970 and Competition Act, 1970. As various other matters are yet to be conclusively decided, and given the complex legal questions involved around the interpretation of Patents Act, 1970 and Competition Act, 2002, and constitutional issues around the jurisdiction of regulators and the power of judicial review of the courts, we believe that it would be prudent to examine the ruling of the courts on these issues in some detail, before considering amendments.

However, to support the local telecom manufacturing industry the Government of India may adopt and implement the following measures:

Develop Model Guidelines to improve the working of Indian Standard Setting Organisations (SSOs): Given the increasing complexity and time-consuming nature of SEP litigation in India, there is a tangible threat of the abuse of the FRAND process, it might be useful for the government to make suggestions on the working of Indian SSOs. The functioning of Indian SSOs has not been satisfactory and it is suggested that the government develop Model Guidelines that may be adopted by Indian SSOs, taking into account India specific requirements. The India specific requirements include a large and exponentially growing mobile device market which has made it possible for manufacturers, patent owners and implementers alike to achieve financial gains even with a low margin. We believe that this measure will also enable the fulfillment of the objectives of the Make in India and Digital India initiatives.

We recommend that various stakeholders, including IP holders, potential licensees and users of IP, civil society organizations, academics, and, government bodies, including the Indian Patent Office, the Department of Telecommunications, the DIPP, TRAI, and, the CCI be consulted in the creation of these Model Guidelines.

In our opinion, the Model Guidelines may cover (a) the composition of the SSO; (b) the process of admitting members; (c) the process of the determination of a standard or technical specification; (d) the process of declassification of a standard or technical specification; (e) the IPR Policy; (f) resolution of disputes; (g) applicable law.
Initiate the formation of a patent pool of critical mobile technologies and cap royalty payments: In light of the observed inadequacies in the IPR policies of various SSOs in India, as well the spate of ongoing patent infringement lawsuits around mobile technologies, we recommend that the government intervene in the setting of royalties and FRAND terms by setting up a patent pool of critical mobile technologies and apply a compulsory license with a five per cent royalty. Further, patent pools should be required to offer FRAND licenses on the same terms to both members and nonmembers of the pool.

Our motivations for this proposal are manifold. In our opinion, it is nearly impossible for potential licensees to avoid inadvertent patent infringement. As a part of our research on technical standards applicable to mobile phones sold in India, we have found nearly 322 standards so far.[4] It is submitted that carrying out patent searches for all the standards would be extremely expensive for potential licensees. Further, even if such searches were to be carried out, different patent owners, SSOs and potential licensees disagree on valuation, essentiality, enforceability, validity, and coverage of patents. In addition, some patent owners are non-practising entities and may not be members of SSOs. The patents held by them are not likely to be disclosed. More importantly, homegrown manufacturers that have no patents to leverage and may be new entrants in the market would be especially disadvantaged by such a scenario. Budget phone manufacturers, standing to incur losses either as a result of heavy licensing fees, or, potential litigation, may close down. Alternatively, they may pass on their losses to consumers, driving the now affordable phones out of their financial reach. With the objectives of Make in India and Digital India in sight, it is essential that Indian consumers continue to have access to devices within their purchasing power.

Further, how did we arrive at a cap of 5 percent? The rationale for this figure is the royalty cap imposed by India in the early 1990s. As part of regulating foreign technology agreements, the (former) Department of Industrial Development (later merged with DIPP) capped royalty rates in the early 1990s. Payment of royalties was capped at either a lump sum payment of $2 million, or, 5 percent on the royalty rates charged for domestic sale, and, 8 percent for export of goods pertaining to “high priority industries”.[5] Royalties higher than 5 percent or 8 percent, as the case may be, required securing approval from the government. While the early 1990s (specifically, 1991) was too early for the mobile device manufacturing industry to be listed among high priority industries, the public announcement by the government covered computer software, consumer electronics, and electrical and electronic appliances for home use. The cap on royalty rates was lifted by the DIPP in 2009.[6] It is submitted in the case of mobile device technology, we are witnessing a situation similar to that of the 1990s. In this sphere, most of the patent holders are multinational corporations which results in large royalty amounts leaving India. At the same time, litigation over patent infringement in India has limited the manufacture and sale of mobile devices of homegrown brands. While SEP litigation in India is indeed comparable to international SEP litigation on broader issues raised, specifically competition law concerns, but differs crucially where the parties are concerned. International SEP litigation is largely between multinational corporations with substantial patent portfolios, capable of engaging in long drawn out litigations, or engaging in other strategies including setting off against each other’s patent portfolios. Dynamics in the Indian market differ – with a larger SEP holder litigating against smaller manufacturers, many of whom are indigenous, homegrown.

In June, 2013, we had recommended to the erstwhile Hon’ble Minister for Human Resource Development[7] that a patent pool of essential technologies be established, with the compulsory licensing mechanism. Subsequently, in February, 2015, we reiterated this request to the Hon’ble Prime Minister.[8] We propose that the Government of India initiate the formation of a patent pool of critical mobile technologies and mandate a five percent compulsory license.[9] As we have stated in our request to the Hon’ble Prime Minister, we believe that such a pool would “possibly avert patent disputes by ensuring that the owners' rights are not infringed on, that budget manufacturers are not put out of business owing to patent feuds, and that consumers continue to get access to inexpensive mobile devices. Several countries including the United States issue compulsory licenses on patents in the pharmaceutical, medical, defence, software, and engineering domains for reasons of public policy, or to thwart or correct anticompetitive practices.”[10] We believe that such a measure will not be in breach of our international obligations under the TRIPS Agreement.
Increase transparency in the patent system by making patentees comply with the law: The Patents Act, 1970 requires patentees and licensees to submit a statement on commercial working of the invention to the Controller every year.[11] Form 27 under section 146(2) of the Act lists the details necessary to be disclosed for compliance of the requirement of “working”. A jurisprudential analysis reveals the rationale and objective behind this mandatory requirement. Undeniably, the scheme of the Indian patent regime makes it amply clear that “working” is a very important requirement, and the public as well as competitors have a right to access this information in a timely manner, without undue hurdles. Indeed, as the decision[12] in Natco Pharma v. Bayer Corporation[13] reveals, the disclosures in Form 27 were crucial to determining the imposition of a compulsory license on the patentee. Thus, broadly, Form 27 disclosures can critically enable willing licensees to access patent “working” information in a timely manner.

However, there has been little compliance of this requirement by the patentees, despite the Indian Patent Office (IPO) reiterating the importance of compliance through the issuance of multiple public notices[14] (suo motu and in response to a public interest litigation filed in 2011[15]), and, reminding the patentees that noncompliance is punishable with a heavy fine.[16] Findings of research submitted by one of the parties[17] in the writ of the 2011 public interest litigation Shamnad Basheer v. Union of India and others[18] reveal as follows. First, a large number of Form 27s are unavailable for download from the website of the IPO. This possibly indicates that the forms have either not been filed by the patentees with the IPO, or have not been uploaded (yet) by the IPO. Second, a large number of filings in the telecom sector remain incomplete.

In 2015, CIS queried the IPO website for Form 27s of mobile device patents to arrive at a similar conclusion. We obtained 4,916 valid Form 27s, corresponding to 3,126 mobile device patents from public online records. These represented only 20.1% of all Forms 27 that should have been filed and corresponded to only 72.5% of all mobile device patents for which Forms 27 should have been filed. Forms 27 were missing for almost all patentees, and even among Forms 27 that were obtained, almost none contained useful information regarding the working of the subject patents or fully complying with the informational requirements of the Indian Patent Rules.[19]

Further, in our study, we observed that patentees adopted drastically different positions regarding the definition of patent working, some arguing that importation of products into India or licensing of Indian suppliers constituted working, while others even went so far as to argue that the granting of a worldwide license to a non-Indian firm constituted working in India. Several significant patentees claimed that they or their patent portfolios were simply too large to enable the provision of information relating to individual patents, and instead provided gross revenue and product sale figures, together with historical anecdotes about their long histories in India.

The Indian government has made little or no effort to monitor or police compliance with Form 27 filings, undoubtedly leading to significant non-compliance. We also propose the alteration of the Form 27 template[20] to include more disclosures.[21] Presently, patentees are required to declare number of licensees and sub-licensees. We specifically propose that the format of Form 27 filings be modified to include patent pool licenses, with an explicit declaration of the names of the licensees and not just the number.
Require royalty rates to be decided on the basis of the Smallest Saleable Patent Practicing Component: Most modern telecommunication and IT devices are complex with numerous technologies working in tandem. Different studies indicate that the number of patents in the US applicable to smartphones is between 200,000 and 250,000.[22] A comprehensive patent landscape of mobile device technologies conducted by CIS reveals that nearly 4,000 patents are applicable to mobile phones sold in India.[23] It is thus extremely difficult to quantify the exact extent of interaction and interdependence between technologies in any device, in such a way that the exact contribution of the patented technology to the entire device can be determined. Thus, we submit that royalty rates for SEPs should be based on the smallest saleable patent practising component, and not on the net price of the downstream product.

The net cost of the device is almost always several times that of the chipset that implements the patented technology. Armstrong et al[24] have found that the cost of a 4G baseband chip costs up to $20 including royalties in a hypothetical $400 phone sold in the US. One of the litigating parties in the ongoing patent infringement lawsuits in India has stated that one of the reasons for preferring to leverage its patents as downstream as possible in the value chain is that it will earn the company more royalties.[25] In instances where patent exhaustion occurs much earlier in the value chain, such as in the case of the company’s cross-licenses with Qualcomm (another company that owns patents to chip technologies), the company does not try to obtain royalties from the selling prices of devices for the cross-licensed technologies. It is submitted that such market practices could be detrimental to the government’s objectives such as providing a mobile handset to every Indian by 2020 as a part of the Digital India programme.[26] It is also worth noting in this context that the mobile device is the first and only medium of access to the Internet and telecom services for a large number of Indians, and, consequently, the only gateway to access to knowledge, information and critical services, including banking.[27]

“Q.5 Please suggest a dispute resolution mechanism for determination of royalty distribution on FRAND (Fair Reasonable and Non Discriminatory) basis.”

The licensing of SEPs on FRAND terms requires the parties to negotiate “reasonable” royalty rates in good faith, and apply the terms uniformly to all willing licensees. It is our submission that if the parties cannot agree to FRAND terms, they may enter into binding arbitration. Further, if all efforts fail, there exist remedies under the Patents Act and the Competition Act, 2002 to address the issues.

Section 115 of the Patents Act empowers the court to appoint an independent scientific adviser “to assist the court or to inquire and report upon any such question of fact or of opinion (not involving a question of interpretation of law) as it may formulate for the purpose.”[28] Such an independent adviser may inform the court on the technical nuances of the matter.

Further, under the Patents Act, pending the decision of infringement proceedings the Court may provide interim relief, if the plaintiff proves first, a prima facie case of infringement; second, that the balance of convenience tilts in plaintiff’s favour; and, third, that if an injunction is not granted the plaintiff shall suffer irreparable damage. However, it is our suggestion that courts adopt a more cautious stance towards granting injunctions in the field of SEP litigation. First, in our opinion, injunctions may prove to be a deterrent to arrive at a FRAND commitment, in particular, egregiously harming the willing licensee. Second, especially in the Indian scenario, where litigating parties operate in vastly different price segments (thereby targeting consumers with different purchasing power), it is difficult to establish that “irreparable damage” has been caused to the patent owner on account of infringement. Third, we note the approach of the European Court of Justice, which prohibited the patent holder from enforcing an injunction provided a willing licensee makes an offer for the price it wishes to pay to use a patent under the condition that it deposited an amount in the bank as a security for the patent holder.[29] Fourth, we also note the approach of the Federal Trade Commission in the USA, which only authorizes patent holders to seek injunctive relief against potential licensees who have either stated that they will not license a patent on any terms, or refuse to enter into a license agreement on terms that have been set in the final ruling of a court or arbitrator.[30] Further, as Contreras (2015)[31] observes, that the precise boundaries of what constitutes as an unwilling licensee remains to be seen. We observe a similar ambiguity in Indian jurisprudence, and accordingly submit that courts should carefully examine the conduct of the licensee to injunct them from the alleged infringement.

Concluding Remarks

We are thankful to TRAI for the opportunity to make these submissions. It would be our pleasure and privilege to discuss these comments with the TRAI; and, supplement these with further submissions if necessary. We also offer our assistance on other matters aimed at developing a suitable policy framework for SEPs and FRAND in India, and, working towards the sustained innovation, manufacture and availability of mobile technologies in India.

[1] Department of Industrial Policy and Promotion Discussion Paper on Standard Essential Patents and their Availability on Frand Terms, available at https://cis-india.org/a2k/blogs/discussion-paper-on-standard-essential-patents-and-their-availability-on-frand-terms (last accessed November 13, 2017)

[2] Anubha Sinha, Nehaa Chaudhari and Rohini Lakshane, “CIS’ Comments on Department of Industrial Policy and Promotion Discussion Paper on Standard Essential Patents and their Availability on Frand Terms” (April 23, 2016); available at https://cis-india.org/a2k/blogs/comments-on-department-of-industrial-policy-and-promotion-discussion-paper-on-standard-essential-patents-and-their-availability-on-frand-terms

[3] www.cis-india.org

[4] Rohini Lakshané, CIS, List of Technical Standards and IP Types (Working document), available at https://drive.google.com/file/d/0B8SgjShAjhbtaml5eW50bS01d2s/view?usp=sharing (last accessed 13 November, 2017).

[5] Kumkum Sen, News on Royalty Payments Brings Cheer in New Year, available at http://www.businessstandard.com/article/economypolicy/newsonroyaltypaymentbringscheerinnewyear11001 0400044_1.html (last accessed 13 November, 2017).

[6] See Sanjana Govil, Putting a Lid on Royalty Outflows How the RBI Can Help Reduce India’s IP Costs , available at http://cisindia.org/a2k/blogs/lidonroyaltyoutflows (last accessed 13 November, 2017) for a discussion on the introduction of royalty caps in the early 1990s, and its success in reducing the flow of money out of India.

[7] Nehaa Chaudhari, Letter for Establishment of Patent Pool for Low cost Access Devices through Compulsory

Licenses, available at http://cisindia.org/a2k/blogs/letterforestablishmentofpatentpoolforlowcostaccessdevices (last accessed 13 November, 2017).

[8] See Rohini Lakshané, Open Letter to PM Modi, available at http://cisindia.org/a2k/blogs/openlettertoprimeministermodi (last accessed 13 November, 2017) for further details of CIS’ proposal.

[9] Rohini Lakshané, FAQ: CIS’ proposal to form a patent pool of critical mobile technology, September 2015, available at http://cisindia.org/a2k/blogs/faqcisproposalforcompulsorylicensingofcriticalmobiletechnologies (last accessed 13 November, 2017).

[10] Id.

[11] Section 146(2) of the Patents Act, 1970.

[12] Sai Vinod, Patent Office Finally Takes Form 27s Seriously, available at http://spicyip.com/2013/02/patentofficefinallytakesform27s.html (last accessed 13 November, 2017).

[13] Order No. 45/2013 (Intellectual Property Appellate Board, Chennai), available at http://www.ipab.tn.nic.in/0452013.htm (last accessed 13 November, 2017).

[14] Intellectual Property India, Public Notice, available at

http://www.ipindia.nic.in/iponew/publicNotice_Form27_12Feb2013.pdf ((last accessed 13 November, 2017) and Intellectual Property India, Public Notice, available at http://ipindia.nic.in/iponew/publicNotice_24December2009.pdf (last accessed 13 November, 2017).

[15] Supra note 11.

[16] Id.

[17] See research findings available at http://spicyip.com/wpcontent/uploads/2015/05/FORM27WP1Rcopy.pdf (last accessed 13 November, 2017).

[18] In the High Court of Delhi, W.P.(C) 5590/2015. This litigation is currently ongoing. See, illustratively, Mathews P. George, Patent Working in India: Delhi HC issues notice in Shamnad Basheer v. Union of India & Ors. – I , available at http://spicyip.com/2015/09/patentworkinginindiadelhihcissuesnoticeinshamnadbasheervunionofindiaorsi.html (last accessed 13 November, 2017).

[19] Contreras, Jorge L. and Lakshané, Rohini and Lewis, Paxton, Patent Working Requirements and Complex Products (October 1, 2017). NYU Journal of Intellectual Property & Entertainment Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3004283

[20] Form 27, The Patents Act, available at http://ipindia.nic.in/ipr/patent/manual/HTML%20AND%20PDF/Manual%20of%20Patent%20Office%20Practice%20and%20Procedure%20%20html/Forms/Form27.pdf (last accessed November 13, 10`7).

[21] However, we came across some complaints raised by patentees and industry observers regarding the structure of the Form 27 requirement - namely, patents covering complex, multi-component products that embody dozens of technical standards and thousands of patents are not necessarily amenable to the individual-level data requested by Form 27. See Contreras, Jorge L. and Lakshané, Rohini and Lewis, Paxton, Patent Working Requirements and Complex Products (October 1, 2017). NYU Journal of Intellectual Property & Entertainment Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3004283

[22] Mark Lemley and Carl Shapiro, Patent Holdup and Royalty Stacking, 85 Tex. L. Rev. at 2015 ; See also, for e.g.,

RPX Corporation, Amendment No. 3 to Form Sl,11 Apr. 2011, at 59, available at http://www.sec.gov/Archives/edgar/data/1509432/000119312511101007/ds1a.htm (last accessed 22 April, 2016), quoting “Based on our research, we believe there are more than 250,000 active patents relevant to today’s

smartphones…” .; See further Steve Lohr, Apple Samsung Case Shows Smartphone as Legal Magnet, New York Times, 25 Aug. 2012, available at http://www.nytimes.com/2012/08/26/technology/applesamsungcaseshowssmartphoneaslawsuitmagnet.html (last accessed November13, 2017).

[23] Jorge L. Contreras and Rohini Lakshané, Patents and Mobile Devices in India: An Empirical Survey, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2756486 (last accessed 13 November, 2017).

[24] Ann Armstrong, Joseph J. Mueller and Timothy D. Syrett, The SmartphoneRoyalty Stack:Surveying Royalty Demands for the Components Within Modern Smartphones, available at https://www.wilmerhale.com/uploadedFiles/Shared_Content/Editorial/Publications/Documents/TheSmartphoneRoyaltyStackArmstrongMuellerSyrett.pdf (last accessed 13 November, 2017)

[25] Florian Mueller, Ericsson Explained Publicly why it Collects Patent Royalties from Device (Not Chipset) Makers, available at http://www.fosspatents.com/2014/01/ericssonexplainedpubliclywhyits.Html (last accessed 13 November, 2017).

[26] Romit Guha and Anandita Singh Masinkotia, PM Modi’s Digital India Project:Government to Ensure that Every Indian has a Smartphone by 2019, available at http://articles.economictimes.indiatimes.com/20140825/news/53205445_1_digitalindiaindiatodayfinancialservices (last accessed 13 November, 2017).

[27] Nehaa Chaudhari, Standard Essential Patents on Low Cost Mobile Phones in India: A Case to Strengthen Competition Regulation? available at http://www.manupatra.co.in/newsline/articles/Upload/08483340C1B94BA4B6A9D6B6494391B8.pdf (last accessed 13 November, 2017).

[28] Section 115 of the Patents Act, 1970.

[29] Huawei Technologies Co. Ltd v. ZTE Corp. and ZTE Deutschland , Judgment of the Court (Fifth Chamber) of 16 July 2015 in GmbH C170/13.

[30] Third Party United States Fed. Trade Commission’s Statement on the Public Interest, In re Certain Wireless Communication Devices, Portable Music and Data Processing Devices, Computers and Components Thereof, U.S. Int’l Trade Comm’n, Inv. No. 337TA745 (Jun. 6, 2012).

[31] Jorge L. Contreras, A Brief History of FRAND: Analyzing Current Debates in Standard Setting and Antitrust Through a Historical Lens , 80 Antitrust Law Journal 39 (2015), available at h ttp://ssrn.com/abstract=2374983 or http://dx.doi.org/10.2139/ssrn.2374983 (last accessed 13 November, 2017).

For more details visit https://cis-india.org/telecom/blog/cis-comments-on-promoting-local-telecom-equipment-manufacturing

Internet Researchers' Conference 2016 (IRC16)

sumandro — 2016-02-27T06:19:33Z

The first Internet Researchers' Conference (IRC16) will be organised at the Jawaharlal Nehru University (JNU), Delhi, on February 26-28, 2016. The focus of the Conference is on the experiences, adventures, and methods of 'studying internet in India.' We are deeply grateful to the Centre for Political Studies (CPS), JNU, for hosting the Conference, and to the CSCS Digital Innovation Fund (CDIF) for the generous support. It is a free and open conference. Please use the form to register.

It is our great pleasure to announce the beginning of the Internet Researchers' Conference (IRC), an annual conference series initiated by the Researchers at Work (RAW) programme at CIS to gather researchers, academic or otherwise, studying internet in/from India to congregate, share insights and tensions, and chart the ways forward.

This conference series is specifically driven by the following interests: 1) creating discussion spaces for researchers studying internet in India and in other comparable regions, 2) foregrounding the multiplicity, hierarchies, tensions, and urgencies of the digital sites and users in India, 3) accounting for the various layers, conceptual and material, of experiences and usages of internet and networked digital media in India, and 4) exploring and practicing new modes of research and documentation necessitated by new (digital) forms of objects of power/knowledge.

The first edition of the Conference, IRC16, is engaging with the theme of 'studying internet in India.' The word study here is a shorthand for a range of tasks, from documentation and theory-building, to measurement and representation.

Dates and Venue

The IRC16 will take place during February 26-28, 2016, at the Convention Centre of the Jawaharlal Nehru University (JNU), Delhi. We are grateful to Centre for Political Studies (CPS) at JNU for hosting the Conference, and to the CSCS Digital Innovation Fund (CDIF) for its generous support.

Registration and Programme

Conference programme: Download (PDF).

Programme booklet: Download (PDF).

[Important] Invitation letter to help you enter JNU campus: Download (PDF).

Please register for the Conference here: Form (Google).

We apologise for not being able to provide travel or accommodation support.

Etherpads

#Methods&ToolsForInternetResearch : https://public.etherpad-mozilla.org/p/IRC16-InternetResearch

#DigitalDesires: https://public.etherpad-mozilla.org/p/IRC16-DigitalDesires.

#InternetMovements: https://public.etherpad-mozilla.org/p/IRC16-InternetMovements.

#WebOfGenealogies: https://public.etherpad-mozilla.org/p/IRC16-WebOfGenealogies.

#MinimalComputing: https://public.etherpad-mozilla.org/p/IRC16-MinimalComputing.

#STSDebates: https://public.etherpad-mozilla.org/p/IRC16-STSDebates.

#ArchiveAnarchy: https://public.etherpad-mozilla.org/p/IRC16-ArchiveAnarchy.

#ManyPublicsOfInternet: https://public.etherpad-mozilla.org/p/IRC16-ManyPublicsOfInternet.

#DigitalLiteraciesAtTheMargins: https://public.etherpad-mozilla.org/p/IRC16-DigitalLiteraciesAtTheMargins.

#FutureBazaars: https://public.etherpad-mozilla.org/p/IRC16-FutureBazaars.

#PoliticsOnSocialMedia: https://public.etherpad-mozilla.org/p/IRC16-PoliticsOnSocialMedia.

#SpottingData: https://public.etherpad-mozilla.org/p/IRC16-SpottingData.

#WikiShadows: https://public.etherpad-mozilla.org/p/IRC16-WikiShadows.

#FollowTheMedium: https://public.etherpad-mozilla.org/p/IRC16-FollowTheMedium.

#AFCinema2.0: https://public.etherpad-mozilla.org/p/IRC16-AFCinema2.0.

#LiterarySpaces: https://public.etherpad-mozilla.org/p/IRC16-LiterarySpaces.

Resources

Call for sessions: http://cis-india.org/raw/irc16-call.

Proposed sessions: http://cis-india.org/raw/irc16-proposed-sessions.

Selected sessions: http://cis-india.org/raw/irc16-selected-sessions.

Please join the researchers@cis-india mailing list to take part in pre- and post-conference conversations.

For more details visit https://cis-india.org/raw/irc16

The new Guidelines for Computer Related Inventions are a big win for FOSS in India!

sinha — 2016-02-24T06:30:37Z

India is one of the few countries which permits patenting of software – a monopolization that has only benefited established corporations and largely throttled innovation in the software industry, worldwide. CIS has consistently advocated against patentablity of software and in a major victory last week, software patenting in India died a little more. This happened via the newly issued Guidelines for the Examination of Computer Related Inventions, which introduces a new test to restrict software patenting – in essence the same legal test that CIS had been proposing since 2010. This post highlights the new test and other noteworthy changes in the Guidelines.

When the Guidelines for examination of Computer Related Inventions(“ 2015 Guidelines”) were released last year, it became obvious that they would have an adverse impact on innovation in the Indian software industry. Further, the 2015 Guidelines were legally defective since they ran counter to the object of Section 3(k) of the Patents Act, 1970, which is to unconditionally exclude mathematical and business methods, computer programs per se, and algorithms from patentable subject matter. To stop and prevent egregious harms, civil society organisations collectively wrote to the Prime Minister's Office flagging off the defects and requested for a recall of the Guidelines. In December 2015, the Indian Patent Office promptly recalled the 2015 Guidelines and held a consultation to discuss the concerns raised in the letter.

Based on submissions by various stakeholders, the Patent Office released a new set of Guidelines(“Guidelines”), which are not only a staggering improvisation from all previous versions, but also introduce a new three step test to determine applicability of section 3(k), an area of Indian patent law that has been notoriously full of uncertainties:

5. Tests/ Indicators to determine Patentability of CRIs (“Computer Related inventions”):

Examiners may rely on the following three stage test in examining CRI applications:

(1) Properly construe the claim and identify the actual contribution;

(2) If the contribution lies only in mathematical method, business method or algorithm, deny the claim;

(3) If the contribution lies in the field of computer programme, check whether it is claimed in conjunction with a novel hardware and proceed to other steps to determine patentability with respect to the invention. The computer programme in itself is never patentable. If the contribution lies solely in the computer programme, deny the claim. If the contribution lies in both the computer programme as well as hardware, proceed to other steps of patentability.

CIS had proposed the exact same test in its earlier submissions(2010) to the Patent Office, albeit worded differently. We submitted:

"We propose a new part to the above test to make the clause clearer. The Manual should specify that “the computer programme portions of any claimed invention should be treated as if it were covered by prior art and patentability should thus be determined with respect to the other features of the invention”. This way, we can ensure that an invention which merely uses or implements a computer programme is not granted patent on the basis of the inventiveness of the computer programme per se."

Further, the Guidelines also recognise that CRIs may fall under sections 3(k), 3(l), 3(m) and 3(n):

2.2. The Patents (Amendment) Act, 2002 also introduced explicit exclusions from patentability under section 3 for CRIs as under:

3(k) a mathematical or business method or a computer programme per se or algorithms;

(l) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;

(m) a mere scheme or rule or method of performing mental act or method of playing game;

(n) a presentation of information;

And thus CRIs as such cannot be patentable, if they fall in either of the above mentioned exclusions. Overall, the new Guidelines offer more clarity and stick to the Patents Act, 1970's intention of disqualifying patentability of computer programmes per se. We will soon post a detailed analysis of the Guidelines. In the meantime, you may read CIS' research on the subject in the section below.

CIS' Research and Submissions against Software Patenting

Over the past years, CIS has produced research and consistently made submissions advocating the roll- back of software patenting:

Arguments Against Software Patents in India, 2010

CIS Submission on Draft Patent Manual, 2010

Comments on the Draft Guidelines for Computer Related Inventions, 2013

Guidelines for Examination of Computer Related Inventions: Mapping the Stakeholders' Response, 2014

Comments on the Guidelines for Examination of Computer Related Inventions (CRIs), 2015

CIS' submission to Indian Patent Office on Examples of Excluded Patentable subject-matter under Section 3(k) for incorporation in the yet-to-be-released Guidelines for Computer Related Inventions, 2016

For more details visit https://cis-india.org/a2k/blogs/the-new-guidelines-for-computer-related-inventions-are-a-big-win-for-foss-in-india

Comments by the Centre for Internet and Society on the Report of the Committee on Medium Term Path on Financial Inclusion

vipul — 2016-03-01T13:53:38Z

Apart from item-specific suggestions, CIS would like to make one broad comment with regard to the suggestions dealing with linking of Aadhaar numbers with bank accounts. Aadhaar is increasingly being used by the government in various departments as a means to prevent fraud, however there is a serious dearth of evidence to suggest that Aadhaar linkage actually prevents leakages in government schemes. The same argument would be applicable when Aadhaar numbers are sought to be utilized to prevent leakages in the banking sector.

The Centre for Internet and Society (CIS) is a non-governmental organization which undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives.

In the course of its work CIS has also extensively researched and witten about the Aadhaar Scheme of the Government of India, specially from a privacy and technical point of view. CIS was part of the Group of Experts on Privacy constituted by the Planning Commission under the chairmanship of Justice AP Shah Committee and was instrumental in drafting a major part of the report of the Group. In this background CIS would like to mention that it is neither an expert on banking policy in general nor wishes to comment upon the purely banking related recommendations of the Committee. We would like to limit our recommendations to the areas in which we have some expertise and would therefore be commenting only on certain Recommendations of the Committee.

Before giving our individual comments on the relevant recommendations, CIS would like to make one broad comment with regard to the suggestions dealing with linking of Aadhaar numbers with bank accounts. Aadhaar is increasingly being used by the government in various departments as a means to prevent fraud, however there is a serious dearth of evidence to suggest that Aadhaar linkage actually prevents leakages in government schemes. The same argument would be applicable when Aadhaar numbers are sought to be utilized to prevent leakages in the banking sector.

Another problem with linking bank accounts with Aadhaar numbers, even if it is not mandatory, is that when the RBI issues an advisory to (optionally) link Aadhaar numbers with bank accounts, a number of banks may implement the advisory too strictly and refuse service to customers (especially marginal customers) whose bank accounts are not linked to their Aadhaar numbers, perhaps due to technical problems in the registration procedure, thereby denying those individuals access to the banking sector, which is contrary to the aims and objectives of the Committee and the stated policy of the RBI to improve access to banking.

Individual Comments

Recommendation 1.4 - Given the predominance of individual account holdings, the Committee recommends that a unique biometric identifier such as Aadhaar should be linked to each individual credit account and the information shared with credit information companies. This will not only be useful in identifying multiple accounts, but will also help in mitigating the overall indebtedness of individuals who are often lured into multiple borrowings without being aware of its consequences.

CIS Comment: The discussion of the committee before making this recommendation revolves around the total incidence of indebtedness in rural areas and their Debt-to-Asset ratio representing payment capacity. However, the committee has not discussed any evidence which indicates that borrowing from multiple banks leads to greater indebtedness for individual account holders in the rural sector. Without identifying the problem through evidence the Committee has suggested linking bank accounts with Aadhaar numbers as a solution.

Recommendation 2.2 - On the basis of cross-country evidence and our own experience, the Committee is of the view that to translate financial access into enhanced convenience and usage, there is a need for better utilization of the mobile banking facility and the maximum possible G2P payments, which would necessitate greater engagement by the government in the financial inclusion drive.

CIS Comment: The drafting of the recommendation suggests that RBI is batting for the DBT rather than the subsidy model. However an examination of the discussion in the report suggests that all that the Committee has not discussed or examined the subsidy model vis-à-vis the direct benefit transfer (DBT) model here (though it does recommend DBT in the chapter on G-2-P payments), but only is trying to say is that where government to people money transfer has to take place, it should take place using mobile banking, payment wallets or other such technologies, which have been known to be successful in various countries across the world.

Recommendation 3.1 - The Committee recommends that in order to increase formal credit supply to all agrarian segments, the digitization of land records should be taken up by the states on a priority basis.

Recommendation 3.2 - In order to ensure actual credit supply to the agricultural sector, the Committee recommends the introduction of Aadhaar-linked mechanism for Credit Eligibility Certificates. For example, in Andhra Pradesh, the revenue authorities issue Credit Eligibility Certificates to Tenant Farmers (under ‘Andhra Pradesh Land Licensed Cultivators Act No 18 of 2011'). Such tenancy /lease certificates, while protecting the owner’s rights, would enable landless cultivators to obtain loans. The Reserve Bank may accordingly modify its regulatory guidelines to banks to directly lend to tenants / lessees against such credit eligibility certificates.

CIS Comment: The Committee in its discussion before the recommendation 3.2 has discussed the problems faced by landless farmers, however there is no discussion or evidence which suggests that an Aadhaar linked Credit Eligibility Certificate is the best solution, or even a solution to the problem. The concern being expressed here is not with the system of a Credit Eligibility Certificate, but with the insistence on linking it to an Aadhaar number, and whether the system can be put in place without linking the same to an Aadhaar number.

Recommendation 6.11 - Keeping in view the indebtedness and rising delinquency, the Committee is of the view that the credit history of all SHG members would need to be created, linking it to individual Aadhaar numbers. This will ensure credit discipline and will also provide comfort to banks.

CIS Comment: There is no discussion in the Report on the reasons for increase in indebtedness of SHGs. While the recommendation of creating credit histories for SHGs is laudable and very welcome, however there is no logical reason that has been brought out in the Report as to why the same needs to be linked to individual Aadhaar numbers and how such linkage will solve any problems.

Recommendation 6.13 - The Committee recommends that bank credit to MFIs should be encouraged. The MFIs must provide credit information on their borrowers to credit bureaus through Aadhaar-linked unique identification of individual borrowers.

CIS Comment: Since the discussion before this recommendation clearly indicates multiple lending practices as one of the problems in the Microfinance sector and also suggests better credit information of borrowers as a possible solution, therefore this recommendation per se, seems sound. However, we would still like to point out that the RBI may think of alternative means to get borrower credit history rather than relying upon just the Aadhaar numbers.

Recommendation 7.3 - Considering the widespread availability of mobile phones across the country, the Committee recommends the use of application-based mobiles as PoS for creating necessary infrastructure to support the large number of new accounts and cards issued under the PMJDY. Initially, the FIF can be used to subsidize the associated costs. This will also help to address the issue of low availability of PoS compared to the number of merchant outlets in the country. Banks should encourage merchants across geographies to adopt such applicationbased mobile as a PoS through some focused education and PoS deployment drives.

Recommendation 7.5 - The Committee recommends that the National Payments Corporation of India (NPCI) should ensure faster development of a multi-lingual mobile application for customers who use non-smart phones, especially for users of NUUP; this will address the issue of linguistic diversity and thereby promote its popularization and quick adoption.

Recommendation 7.8 - The Committee recommends that pre-paid payment instrument (PPI) interoperability may be allowed for non-banks to facilitate ease of access to customers and promote wider spread of PPIs across the country. It should however require non-bank PPI operators to enhance their customer grievance redressal mechanism to deal with any issues thereof.

Recommendation 7.9 - The Committee is of the view that for non-bank PPIs, a small-value cashout may be permitted to incentivize usage with the necessary safeguards including adequate KYC and velocity checks.

CIS Comments: While CIS supports the effort to use technology and mobile phones to increase banking penetration and improve access to the formal financial sector for rural and semi-rural areas, sufficient security mechanisms should be put in place while rolling out these services keeping in mind the low levels of education and technical sophistication that are prevalent in rural and semi-rural areas.

Recommendation 8.1 - The Committee recommends that the deposit accounts of beneficiaries of government social payments, preferably all deposits accounts across banks, including the ‘inprinciple’ licensed payments banks and small finance banks, be seeded with Aadhaar in a timebound manner so as to create the necessary eco-system for cash transfer. This could be complemented with the necessary changes in the business correspondent (BC) system (see Chapter 6 for details) and increased adoption of mobile wallets to bridge the ‘last mile’ of service delivery in a cost-efficient manner at the convenience of the common person. This would also result in significant cost reductions for the government besides promoting financial inclusion.

CIS Comment: While the report of the Committee has already given several examples of how cash transfer directly into the bank accounts (rather than requiring the beneficiaries to be at a particular place at a particular time) could be more efficient as well as economical, the Committee is making the same point again here under the chapter that deals specifically with government to person payments. However even before this recommendation, there has been no discussion as to the need for linking or “seeding” the deposit accounts of the beneficiaries with Aadhaar numbers, let alone a discussion of how it would solve any problems.

Recommendation 10.6 - Given the focus on technology and the increasing number of customer complaints relating to debit/credit cards, the National Payments Corporation of India (NPCI) may be invited to SLBC meetings. They may particularly take up issues of Aadhaar-linkage in bank and payment accounts.

CIS Comment: There is no discussion on why this recommendation has been made, more particularly; there is no discussion at all on why issues of Aadhaar linkage in bank and payment accounts need to be taken up at all.

For more details visit https://cis-india.org/internet-governance/blog/comments-by-the-centre-for-internet-and-society-on-the-report-of-the-committee-on-medium-term-path-on-financial-inclusion

Announcement of a Three-Region Research Alliance on the Appropriate Use of Digital Identity

amber — 2019-05-13T09:06:23Z

Omidyar Network has recently announced its decision to invest in establishment of a three-region research alliance — to be co-led by the Institute for Technology & Society (ITS), Brazil, the Centre for Intellectual Property and Information Technology Law (CIPIT) , Kenya, and the CIS, India — on the Appropriate Use of Digital Identity. As part of this Alliance, we at the CIS will look at the policy objectives of digital identity projects, how technological policy choices can be thought through to meet the objectives, and how legitimate uses of a digital identity framework may be evaluated.

As governments across the globe are implementing new, digital foundational identification systems or modernizing existing ID programs, there is a dire need for greater research and discussion about appropriate design choices for a digital identity framework. There is significant momentum on digital ID, especially after the adoption of UN Sustainable Development Goal 16.9, which calls for legal identity for all by 2030. Given the importance of this subject, its implications for both the development agenda as well its impact on civil, social and economic rights, there is a need for more focused research that can enable policymakers to take better decisions, guide civil society in different jurisdictions to comment on and raise questions about digital identity schemes, and provide actionable material to the industry to create identity solutions that are privacy enhancing and inclusive.

Excerpt from the blog post by Subhashish Bhadra announcing this new research alliance

...In the absence of any widely-accepted thinking on this issue, we run the risk of digital identity systems suffering from mission creep, that is being made mandatory or being used for an ever-expanding set of services. We believe this creates several risks. First, people may be excluded from services if they do not have a digital identity or because it malfunctions. Second, this approach creates a wider digital footprint that can be used to create a profile of an individual, sometimes without consent. This can increase privacy risk. Third, this approach increases the power of institutions versus individuals and can be used as rationale to intentionally deny services, especially to vulnerable or persecuted groups.

Three exceptional research groups have undertaken the effort of answering this complex and important question. Over the next six months, these think tanks will conduct independent research, as well as involve experts from across the globe. Based in South America, Africa, and Asia, these institutions represent the collective wisdom and experiences of three very distinct geographies in emerging markets. While drawing on their local context, this research effort is globally oriented. The think tanks will create a set of recommendations and tools that can be used by stakeholders to engage with digital identity systems in any part of the world...

This research will use a collaborative and iterative process. The researchers will put out some ideas every few weeks, with the objective of seeking thoughts, questions, and feedback from various stakeholders. They will participate in several digital rights and identity events across the globe over the next several months. They will also organize webinars to seek input from and present their interim findings to interested communities from across the globe. Each of these provide an opportunity for you to provide your thoughts and help this research program provide an independent, rigorous, transparent, and holistic answer to the question of when it’s appropriate for digital identity to be used. We need a diversity of viewpoints and collaborative dissent to help solve the most pressing issues of our times.

For more details visit https://cis-india.org/internet-governance/blog/appropriate-use-of-digital-identity-alliance-announcement

Internet Researchers' Conference 2017 (IRC17)

sumandro — 2018-07-02T18:29:55Z

With great pleasure we announce the second edition of the Internet Researchers' Conference (IRC), an annual conference series initiated by the Researchers at Work (RAW) programme at CIS to gather researchers, academic or otherwise, studying internet in/from India to congregate, share insights and tensions, and chart the ways forward. The Internet Researchers' Conference 2017 (IRC17) will be held at the International Institute of Information Technology Bangalore (IIIT-B) campus on March 03-05, 2017. It is being organised by the Centre for Information Technology and Public Policy (CITAPP) at IIIT-B and the CIS.

Registration is closed now.

Propose open sessions here.

Agenda (final): Download (PDF)

Programme: Download (PDF)

Poster (high resolution): Download (JPG)

IRC17: Key Provocations

Two critical questions that emerged from the conversations at the previous edition of the Conference (IRC16) were about the digital objects of research, and the digital/internet experiences in Indic languages. As we discussed various aspects and challenges of 'studying internet in India', it was noted that we have not sufficiently explored how ongoing research methods, assumptions, and analytical frames are being challenged (if at all) by the becoming-digital of the objects of research across disciplines: from various artifacts and traces of human and machinic interactions, to archival entries and sites of ethnography, to practices and necessities of collaboration.

We found that the analyses of such digital objects of research often tend to assume either an aesthetic and functional uniqueness or sameness vis-à-vis the pre-/proto-digital objects of research, while neither of these positions are discussed in detail. Further, we tend to universalise the English-speaking user's/researcher's experience of working with such digital objects, without sufficiently considering their lives and functions in other (especially, Indic) languages.

These we take as the key provocations of the 2017 edition of IRC:

How does the becoming-digital of the research objects challenge our current research practices, concerns, and assumptions?
How do we appreciate, study, and theorise the functioning of and meaning-making by digital objects in Indic languages?
What research tools and infrastructures are needed to study, document, annotate, analyse, archive, cite, and work with (in general) digital objects, especially those in Indic languages?

This conference series is specifically driven by the following interests: 1) creating discussion spaces for researchers studying internet in India and in other comparable regions, 2) foregrounding the multiplicity, hierarchies, tensions, and urgencies of the digital sites and users in India, 3) accounting for the various layers, conceptual and material, of experiences and usages of internet and networked digital media in India, and 4) exploring and practicing new modes of research and documentation necessitated by new (digital) forms of objects of power/knowledge.

Dates and Venue

The conference is being hosted by the International Institute of Information Technology Bangalore (IIIT-B) during March 03-05, 2017.

Address: 26/C, Electronics City, Hosur Road, Bangalore, 560100, location on Google Map.

Session Details and Notes

Day 01, Friday, March 03

#DigitalIdentities: Details and Etherpad

#IndicLanguagesAndInternetCohabitation: Details and Etherpad

#SelfiesFromTheField: Details and Etherpad

#HookingUp: Details and Etherpad

Day 02, Saturday, March 04

#DotBharatAdoption: Details and Etherpad

#DigitalPedagogies: Details and Etherpad

#MaterializingWriting: Details and Etherpad

#RenarrationWeb: Details and Etherpad

Day 03, Sunday, March 05

#ArchivesForStorytelling: Details and Etherpad

#ObjectsOfDigitalGovernance: Details and Etherpad

#OpenAccessScholarlyPublishing: Details and Etherpad

Session Selection Process

Call for sessions: http://cis-india.org/raw/irc17-call.

Selected sessions: http://cis-india.org/raw/irc17-selected-sessions.

Please join the researchers@cis-india mailing list to take part in pre- and post-conference conversations.

About the IRC Series

The Researchers at Work (RAW) programme at the Centre for Internet and Society (CIS) initiated the Internet Researchers' Conference (IRC) series to address these concerns, and to create an annual temporary space in India, for internet researchers to gather and share experiences.

The IRC series is driven by the following interests:

creating discussion spaces for researchers and practitioners studying internet in India and in other comparable regions,
foregrounding the multiplicity, hierarchies, tensions, and urgencies of the digital sites and users in India, accounting for the various layers, conceptual and material, of experiences and usages of internet and networked digital media in India, and
exploring and practicing new modes of research and documentation necessitated by new (digital) objects of power/knowledge.

The first edition of the Internet Researchers' Conference series was held in February 2016. It was hosted by the Centre for Political Studies at Jawaharlal Nehru University, and was supported by the CSCS Digital Innovation Fund. The Conference was constituted by eleven discussion sessions (majority of which were organised around presentation of several papers), four workshop sessions (which involved group discussions, activities, and learnings), a book sprint over three sessions to develop an outline of a (re)sourcebook for internet researchers in India, and a concluding round table. The audio recordings and notes from IRC16 are now being compiled into an online Reader. A detailed reflection note on IRC16 has been published.

For more details visit https://cis-india.org/raw/irc17

Survey on Data Protection Regime

Aditi Chaturvedi and Elonnai Hickok — 2017-02-10T10:47:00Z

We request you to take part in this survey aimed at understanding how various organisations view the changes in the Data Protection Regime in the European Union. Recently the General Data Protection Regulation (EU) 2016/679 was passed, which shall replace the present Data Protection Directive DPD 95/46/EC. This step is likely to impact the way of working for many organisations. We are grateful for your voluntary contribution to our research, and all information shared by you will be used for the purpose of research only. Questions that personally identify you are not mandatory and will be kept strictly confidential.

The survey form below can also be accessed here.

For more details visit https://cis-india.org/internet-governance/blog/survey-on-data-protection-regime

Digital AlterNatives with a Cause?

nishant — 2015-04-10T09:22:29Z

Hivos and the Centre for Internet and Society have consolidated their three year knowledge inquiry into the field of youth, technology and change in a four book collective “Digital AlterNatives with a cause?”. This collaboratively produced collective, edited by Nishant Shah and Fieke Jansen, asks critical and pertinent questions about theory and practice around 'digital revolutions' in a post MENA (Middle East - North Africa) world. It works with multiple vocabularies and frameworks and produces dialogues and conversations between digital natives, academic and research scholars, practitioners, development agencies and corporate structures to examine the nature and practice of digital natives in emerging contexts from the Global South.

Introduction

In the 21^st Century, we have witnessed the simultaneous growth of internet and digital technologies on the one hand, and political protests and mobilisation on the other. Processes of interpersonal relationships, social communication, economic expansion, political protocols and governmental mediation are undergoing a significant transition, across in the world, in developed and emerging Information and Knowledge societies.

The young are often seen as forerunners of these changes because of the pervasive and persistent presence of digital and online technologies in their lives. The “ Digital Natives with a Cause?” is a research inquiry that uncovers the ways in which young people in emerging ICT contexts make strategic use of technologies to bring about change in their immediate environments. Ranging from personal stories of transformation to efforts at collective change, it aims to identify knowledge gaps that existing scholarship, practice and popular discourse around an increasing usage, adoption and integration of digital technologies in processes of social and political change.

Methodology

In 2010-11, three workshops in Taiwan, South Africa and Chile, brought together around 80 people who identified themselves as Digital Natives from Asia, Africa and Latin America, to explore certain key questions that could provide new insight into Digital Natives research, policy and practice. The workshops were accompanied by a ‘Thinkathon’ – a multi-stakeholder summit that initiated conversations between Digital Natives, academic researchers, scholars, practitioners, educators, policy makers and corporate representatives to share learnings on new questions: Is one born digital or does one become a Digital Native? How do we understand our relationship with the idea of a Digital Native? How do Digital Natives redefine ‘change’ and how do they see themselves implementing it? What is the role that technologies play in defining civic action and social movements? What are the relationships that these technology based identities and practices have with existing social movements and political legacies? How do we build new frameworks of sustainable citizen action outside of institutionalisation?

Rationale

One of the knowledge gaps that this book tries to address is the lack of digital natives’ voices in the discourse around them. In the occasions that they are a part of the discourse, they are generally represented by other actors who define the frameworks and decide the issues which are important. Hence, more often than not, most books around digital natives concentrate on similar sounding areas and topics, which might not always resonate with the concerns that digital natives and other stake-holders might be engaged with in their material and discursive practice. The methodology of the workshops was designed keeping this in mind. Instead of asking the digital natives to give their opinion or recount a story about what we felt was important, we began by listening to their articulations about what was at stake for them as e-agents of change. As a result, the usual topics like piracy, privacy, cyber-bullying, sexting etc. which automatically map digital natives discourse, are conspicuously absent from this book. Their absence is not deliberate, but more symptomatic of how these themes that we presumed as important were not of immediate concerns to most of the participants in the workshop who are contributing to the book.

Structure

The conversations, research inquiries, reflections, discussions, interviews, and art practices are consolidated in this four part book which deviates from the mainstream imagination of the young people involved in processes of change. The alternative positions, defined by geo-politics, gender, sexuality, class, education, language, etc. find articulations from people who have been engaged in the practice and discourse of technology mediated change. Each part concentrates on one particular theme that helps bring coherence to a wide spectrum of style and content.

Book 1: To Be: Digital AlterNatives with a Cause? Download here

The first part, To Be, looks at the questions of digital native identities. Are digital natives the same everywhere? What does it mean to call a certain population ‘Digital Natives”? Can we also look at people who are on the fringes – Digital Outcasts, for example? Is it possible to imagine technology-change relationships not only through questions of access and usage but also through personal investments and transformations? The contributions help chart the history, explain the contemporary and give ideas about what the future of technology mediated identities is going to be.

Book 2: To Think: Digital AlterNatives with a Cause? Download here

In the second section, To Think, the contributors engage with new frameworks of understanding the processes, logistics, politics and mechanics of digital natives and causes. Giving fresh perspectives which draw from digital aesthetics, digital natives’ everyday practices, and their own research into the design and mechanics of technology mediated change, the contributors help us re-think the concepts, processes and structures that we have taken for granted. They also nuance the ways in which new frameworks to think about youth, technology and change can be evolved and how they provide new ways of sustaining digital natives and their causes.

Book 3: To Act: Digital AlterNatives with a Cause? Download here

To Act is the third part that concentrates on stories from the ground. While it is important to conceptually engage with digital natives, it is also, necessary to connect it with the real life practices that are reshaping the world. Case-studies, reflections and experiences of people engaged in processes of change, provide a rich empirical data set which is further analysed to look at what it means to be a digital native in emerging information and technology contexts.

Book 4: To Connect : Digital AlterNatives with a Cause? Download here

The last section, To Connect, recognises the fact that digital natives do not operate in vacuum. It might be valuable to maintain the distinction between digital natives and immigrants, but this distinction does not mean that there are no relationships between them as actors of change. The section focuses on the digital native ecosystem to look at the complex assemblage of relationships that support and are amplified by these new processes of technologised change.

We see this book as entering into a dialogue with the growing discourse and practice in the field of youth, technology and change. The ambition is to look at the digital (alter)natives as located in the Global South and the potentials for social change and political participation that is embedded in their interactions through and with digital and internet technologies. We hope that the book furthers the idea of a context-based digital native identity and practice, which challenges the otherwise universalist understanding that seems to be the popular operative right now. We see this as the beginning of a knowledge inquiry, rather than an end, and hope that the contributions in the book will incite new discussions, invoke cross-sectorial and disciplinary debates, and consolidate knowledges about digital (alter)natives and how they work in the present to change our futures.

Click here to order your copy. We invite readers to contribute reviews of an essay they found particularly interesting. Contact us: nishant@cis-india.org and fjansen@hivos.nl if you want more information, resources, or dialogues

Nishant Shah

Fieke Jansen

For media coverage and book reviews, read here.

For more details visit https://cis-india.org/digital-natives/blog/dnbook