Centre for Internet and Society

Regulating the Internet by fiat

praskrishna — 2012-08-26T10:13:03Z

The Union government’s move to ban or block 310 online entities is worrisome.

This article by V Sridhar was published in the Hindu on August 26, 2012. Pranesh Prakash is quoted.

The unprecedented spike in the velocity of hateful, offensive and blatantly communal online content earlier this month, which reinforced rumour mongering on the ground that resulted in the exodus of people from the northeast from several Indian cities has been a classic example of how new technologies can be harnessed for old vices. But just as disturbing has been the manner in which the government yielded to the old itch of censoring, banning or blocking content. Between August 18 and August 21, the Department of Telecommunications (DoT), in four separate directives issued to all Internet service licensees, asked them to “block access” to a total of 310 URLs (Unique Resource Locators).

Directing ISPs

The number of URLs blocked does not quite convey the extent of the banned content because the list includes instances of entire websites, a single Web page in some cases, videos posted on YouTube, Twitter handles, Facebook entries, or even instances of links that would take the browser to an img tag (an individual image that is linked to an HTML page). Although the directives clearly stated that the service providers should block only the specific URLs leading to the main sites such as YouTube, Facebook or Twitter.

Airtel, the leading telecom and Internet service provider, blocked youtu.be, the short URL that Twitter and Facebook users normally use for sharing images and videos. A perusal of the four orders clearly shows that Airtel overreacted. Although the service provider subsequently corrected the error, worries about arbitrary disruptions remain.

Pranesh Prakash, Programme Manager, Centre for Internet and Society (CIS), who did the first analysis of the resources that were pulled out of the Web, said the list was only partial, because they related only to the URLs that ISPs were asked to block, not what action would have been initiated against those offering Web services.

A ragtag list

Net activists, even those who do not have an absolutist notion of the right to free speech, have expressed deep reservations about the manner in which the government has blocked 310 URLs. Although Mr. Prakash, who is also a lawyer, believes that “temporary curbs” of freedom of expression, in situations such as the unprecedented situation earlier this month may be necessary, he argued that the government acted carelessly and in a kneejerk manner. “It is a ragtag list, prepared in a haphazard manner,” he told The Hindu.

Logically, the rules applicable to hate content ought to be the same whether the offence is in print or whether it appears as online content. Mr. Prakash pointed to the fact that official agencies such as the police have not gone after those responsible for the content posted in the blocked URLs, which shows that the government’s approach is not backed by a resolve to bring to book those responsible for spreading hate.

The ban-first, examine-later approach is wrong for three sets of reasons, argued Mr. Prakash. First, because there are what he characterises as “egregious mistakes”. Second, he doubts whether regulations prescribing due process of enforcing and reviewing the ban were indeed followed. Third, the government ought to have acted smarter, by using the same media to debunk the rumours that were swirling in several Indian cities but also in the northeast. Mr. Prakash pointed to the case of a Canadian intern working at the CIS who received an SMS from a Canadian government agency that asked her not to heed the rumours. Although the Bangalore police did issue an SMS asking people not to heed such rumours, it came well after the rumour mongering had passed its peak.

“I generally believe that the government must exercise utmost caution in censoring,” said Mr. Prakash. He pointed out that in the list were sites and people who had done nothing to promote hate. He refered to the case of Amit Paranjpe, whose twitter handles were blocked. “If you go through his timeline, you will not find anything that is communal at all,” Mr. Prakash says. “I do not think the government acted responsibly by going after material that is not directly inflammatory, or contributes to the state of panic,” he argued. “I do not doubt the motives of the government, because I see that the overwhelming majority of the material it has blocked is stuff that has something to do with communalism or rioting, whether it is as reportage or as material that contributes to tension,” he observed. He also did not think the government used the crisis as an excuse to put down politically dissenting voices, which was what happened last October (critical references to Sonia Gandhi were removed then).

Cyber terror?

Significantly, the list of blocked domains did not match the government’s claim that a lot of the hate content were in the form of images with misleading captions, most of which came from Pakistan. Mr. Prakash pointed out that many of these images had “been floating around” in Pakistan for at least a month before the rumours hit their peak in mid-August. He noted that within Pakistan there had been debates about the authenticity of these images. “In fact, the reportage and the countering of the reportage in the Pakistani media has been much more sophisticated than in India,” he observed. Significantly, the debate was not even targeted at the Indian audience, but to Pakistani or a global audience. “This debunks the notion some sections of the media have propagated, that this is about cyber war or cyber terrorism,” he says. “I have not seen evidence that India has been targeted from Pakistan,” he observed.

Lack of transparency

It has also been done without abiding by the procedures that are clearly laid down. Mr. Prakash pointed out, the provisions of the Information Technology Act require that “persons or intermediaries” blocked ought to have been given an opportunity to explain their position within 48 hours. He doubted that this had been followed. Moreover, he argued that the people or companies hosting the offensive content, not the ISPs, ought to have been asked to remove them. After all, most of the large and popular intermediaries have clearly laid down conditions of usage, he said.

The lack of transparency in the manner in which the government blocked these websites — even if it is accepted that the content was hateful, abhorrent and aimed at stirring social tension — is worrisome because it sets a precedent for unchecked use of power, without proper sanction. Nor was it a smart way of addressing an innovatively virulent way of spreading chaos. While the government’s use of the sledgehammer may have got it out of the immediate crisis it found itself in, it may have fewer friends when faced with a similar outbreak later.

For more details visit https://cis-india.org/news/www-the-hindu-aug-26-v-sridhar-regulating-the-internet-by-fiat

India: Social Media Censorship to Contain ‘Cyber-Terrorism'?

praskrishna — 2012-08-27T03:36:37Z

This is the second post in the 2-part series about the perceived role of social media in the wake of the Assam clashes that spilled across the country and threatened to upset the nation's peace.

Written by Aparna Ray. This post was published in GlobalVoices on August 24, 2012. Pranesh Prakash's analysis is quoted in this. The first post can be found here.

As the Indian government sought to block bulk SMS, MMS, webpages and specific social media urls, justifying its step as an attempt to control viral rumor-mongering and “cyber-terrorism”, there was a lot of discussion on the mainstream media (MSM) about how social media was fast becoming a “double-edged sword” and how the recent events brought out the “mischief potential of social media in full play“. These MSM opinions, some of which offered tacit support the idea of reigning in social media, did not go unnoticed by netizens. For example, Media Crooks asked:

So what’s with the rant against the Twitterati and social media by these media celebs?

Blogger Amrit Hallan at Writing Cave wondered if the MSM had an underlying motive for creating a hype around the ‘dangers' of social media. He wrote:

People in the mainstream media have always been at loggerheads with the free spirit of social networking websites that empowers everybody to express opinions and spread ideas…(they) have been gleefully recommending the curtailment (of social media). Social networking and blogging continuously make their job hard. The moment they try to spread some misinformation, it is countered by Twitter or blogs with factually correct information, often posted by people close to the ground.

Tweets too expressed similar concerns and sentiments:

Priya James (@james_priya): I think by now, MSM coverage volumes of 'social media terrorism' has now surpassed even their basic coverage of Assam situation!

Gaurav Sabnis (@gauravsabnis): Politician-MSM nexus in India so blatantly clear with blame for NE rumors laid squarely at social media's doors.

Rajeev Nagpal (@rajeevnagpal): In #India the #MSM can't tolerate any one challenging their hold. No wonder they support censoring social media #HandsOffTwitter

Things have been moving very quickly. The ISPs have been sent official communication to block webpages and twitter handles, including those ofsome journalists plus fake profiles created with the purpose of lampooning the Indian Prime Minister. Curiously, the Pakistani blogger Faraz Ahmed Siddiqui, who was the first to break the news about the morphed photos being used to incite communal tensions, also came under the ambit of censorship and his post was inaccessible on some ISPs.

AEIdeas, a blog from the American Enterprise Institute commented on the issue:

The Indian government ought to have given Mr. Siddiqui a medal for his investigative work. Instead it has blocked his post.

Social media users in India have been following the government actions closely and there is muchdebate and discussion about whether the crack down on social media is censorship of free speech in the guise of rumor control.

Some have termed the government's action as Orwellian/dystopian. Others have seen merit in the government's ‘intent' to curb inflammatory content but have been disappointed with the ineffective way the government went about the task - acting as “Net nannies” and “blocking communications, curbing speech, and banning websites”.

At CIS India, Pranesh Prakash did an analysis of the social media content blocked in India since August 18, 2012. Here are the results:

Strong reactions are pouring in on Twitter via trending hashtags such as #GOIBlocks, #IndiaBlocks,#Emergency2012 etc. [There is some debate over the use of the word ‘Emergency' and the attempt to draw parallels between the present block and the state of emergency of 1975, which saw suspension of civil liberties and persecution of journalists in the name of battling threat to national security].

Indian Rebellion (@reBel1857): today they r blocking ur twitter account, tomorrow ur bank account and then will lock u in ur home … #GOIBlocks #Emergency2012

Pranesh Prakash (@pranesh_prakash): If you oppose #censorship, more power to you! I do too. But calling this #Emergency2012 is ridiculous! #IndiaBlocks #netfreedom

Madhavan Narayanan @madversity): Social media is a modern challenge and a modern opportunity. Government attempts to police it smacks of outdated feudal style #GOIblocks

Raheel Khursheed(@Raheelk): Everything ██ is █████ ████ ████ fine ███ █ ████ love. ████ █████ the ███ UPA ███ ████ Government ██ #GOIBlocks #Twitter

Sunanda Vashisht (@sunandavashisht): First they ignored us, then they argued with us, then they blocked us #emergency2012

Babar (@6a6ar): The only thing left for us to do is block all media and Govt. handles in protest. Let's start a #VirtualRevolution #IndiaBlocks

Abhijit Majumdar (@abhijitmajumder): Govt of #India is just testing #socialmedia waters by blocking spoof PMO accounts. Prepare for greater censorship on #Twitter and #Facebook

Amit Agarwal (@labnol): The Indian govt can force ISPs to block individual Twitter profiles but everything will still be available through web apps like Tweetdeck

Humour and sarcasm too weren't in short supply. For example:

Mahesh Murthy (@maheshmurthy): Now that Govt has solved North East crisis by limiting SMS, it will fight malnutrition by banning food pics on Instagram

Kalyan Varadarajan (@itzkallyhere): My nose blocked. But I didn't poke my nose in Govt matters! My nose isnt a handle. Damn! #GOI

Ramesh Srivats (@rameshsrivats): I've a few SMSs to spare from today's quota. If you mail me recipient's number, message & a cheque, I can send an SMS for you.#BusinessIdea

However, not everyone is amused. Amrit Hallan asks:

Are we going to follow the footsteps of Pakistan and China and turn into a Blockistan? No matter how much it makes some of the English-speaking mainstream journalists happy, blocking isn’t possible, at least sustained blocking. The Internet has empowered the silent majority and there is going to be a big backlash if the government, or another agency tries to take this power back. In what form this backlash is going to manifest? It remains to be seen.

In a guest post on Trak.In, blogger Prasant Naidu suggests how the government could use social media positively. He says:

instead of banning social media, the government can use it in its favor controlling the crisis of NE. The virality feature that our politicians are scared of can be used for killing rumors. Can’t the government get in touch with Facebook and Google India to find out ways to use social media in a better way? Can’t the Government start a social media campaign to “Save NE and Save India”?

Twitter is one of the tools that the government can use. A brilliant example is how Nirupama Rao, India’s Foreign Secretary used Twitter during the evacuation of Indians at the time of the Libyan crisis.

Social Media is not rocket science; it is about communicating with humans and for that you need to have the will to evolve and change. Banning social networks is not a solution to combat rumors but it is a half backed measure to cover the lid on the growing tensions.

The government, on it's part, issued social media guidelines to be followed by government agencies. It remains to be seen how the situation develops on the ground and what impact the current stand-off between government and social media has on cyber-control policies in the days to come.

For more details visit https://cis-india.org/news/global-voices-online-org-aparna-ray-aug-24-2012india-social-media-censorship-to-contain-cyber-terrorism

Internet clamp outrage

praskrishna — 2012-08-27T05:13:31Z

The Indian government's attempts to block social media accounts and websites that it blames for spreading panic have been inept and possibly illegal, a top Internet expert said yesterday.

Published in the Gulf Daily News on August 25, 2012. Pranesh Prakash is quoted.

Earlier this month, thousands of people from the country's remote northeast began fleeing cities in southern and western India, as rumours swirled that they would be attacked in retaliation for ethnic violence against Muslims in their home state.

Last weekend, the government said the rumours were fed by gory images - said to be of murdered Muslims - that were actually manipulated photos of people killed in cyclones and earthquakes. Officials said the images were spread to sow fear of revenge attacks.

After that, the government began interfering with hundreds of websites, including some Twitter accounts, blogs and links to certain news stories. The government also ordered telephone companies to sharply restrict mass text messages.

It is unclear who has been spreading the inflammatory material. Experts say that despite the government's electronic interference, there are many ways to access the blocked sites.

"The government has gone overboard and many of its efforts are legally questionable," said Pranesh Prakash, who studies Internet governance and freedom of speech at The Center for Internet and Society, a research organisation in the southern city of Bangalore.

For more details visit https://cis-india.org/news/www-gulf-daily-news-com-aug-25-2012-internet-clamp-outrage

Criticism mounts over India censorship

praskrishna — 2012-08-27T06:38:51Z

India’s government is facing fierce criticism from privacy groups, political opponents and irate internet users accusing it of an excessive and poorly targeted censorship drive as it seeks to contain social alarm triggered by communal unrest.

This article written by James Crabtree in Mumbai and Tim Bradshaw in San Francisco was published in Financial Times on August 24, 2012. Pranesh Prakash is quoted.

Following panicked scenes among groups from the nation’s troubled north-east and fearing an escalation of urban violence between Muslim and Hindu groups, the administration this week instructed internet companies, including Facebook and Google, to block more than 300 web pages and more than a dozen Twitter accounts it claimed were inflaming communal tensions.

But by Friday the order was being assailed as an example of administrative incompetence, as internet analysts revealed that many of the pages contained seemingly harmless material from foreign media organisations, political columnists and critics of India’s government.

Pranesh Prakash, a legal expert at the Bangalore-based Centre for Internet and Society, said: “I am not questioning their original motives, but I do think this is excessive and incompetent censorship.”

Political opponents also accused the government of over-reach, including Narendra Modi, the controversial chief minister of the state Gujarat and a member of the Hindu nationalist BJP party, who on Friday used a Twitter post to call the moves a “crackdown on freedom of speech”.

The government denies it is being heavy handed. “We are only taking strict action against those accounts or people which are causing damage or spreading rumours,” said Kuldeep Dhatwalia, an Indian home ministry spokesman. “We are not taking action against other accounts, be it on Facebook, Twitter or even SMSes.”

Twitter found itself at the centre of the growing controversy, as government spokespeople accused the US-based social networking site of failing to respond to requests to block users, some of which involved accounts appearing to impersonate Manmohan Singh, the prime minister.

Twitter responded by suspending a number of impersonator accounts and is now in discussions with the prime minister’s office in an attempt to defuse the row, according to people familiar with the matter. A spokesperson for Twitter declined to comment.

Angry users also used the site to attack the restrictions using the hashtags #GOIblocks and #Emergency2012, the latter a highly charged reference to prime minister Indira Gandhi’s two-year period of rule by decree in the late 1970s.

India has a long history of censorship measures designed to prevent communal violence, ranging from restrictions introduced under the British Raj in the early 20th century to more recent edicts banning Salman Rushdie’s novel The Satanic Verses and restricting derogatory portrayals of religious figures in Bollywood movies.

“Blocking content to help mitigate a volatile situation involving civilian security could be justified,” says Meenakshi Ganguly, South Asia director at Human Rights Watch. “But when the government expresses equal concern about fake Twitter handles or criticism of political leaders, it begins to look like censorship.”

The online restrictions followed related measures restricting to five the number of text messages that could be sent from most Indian mobile phones, although this was lifted to 20 on Thursday.

They also came during a week of deepening political crisis in the world’s largest democracy, as opposition leaders repeatedly halted parliamentary proceedings and called for Mr Singh’s resignation in the aftermath of a critical report from India’s government auditor.

“These threats to social harmony are real, but like almost everything the Indian state is doing at present, the restrictions incompetently deal with a few symptoms rather than addressing causes,” says Pratap Bhanu Mehta of the Centre for Policy Research, a think tank in New Delhi. “They are simply exacerbating a crisis of trust, not solving it.”

For more details visit https://cis-india.org/news/www-ft-com-aug-24-2012-james-crabtree-tim-bradshaw-criticism-mounts-over-india-censorship

Tata Photon unblocks Wordpress.com

praskrishna — 2012-09-03T01:53:47Z

As of yesterday, the Tata Photon service of the Internet service provider (ISP) Tata Teleservices seems to have lifted the block it had put on the Wordpress.com domain for over a week.

The post was published in tech2 on August 30, 2012. Pranesh Prakash is quoted in it.

Tech2 had reported on Saturday that the free platform of Wordpress was put under a blanket ban across India by the ISP following government orders to block around 309 URLs carrying disruptive or inflammatory content. Directives issued by the Department of Telecommunications (DoT) to ISPs between August 18 and 21 state that only the URLs mentioned be blocked, not entire domains. Users could neither view Wordpress blogs nor edit or post new content on them, the first instance of which was noticed by us on August 20.

Our repeated efforts to contact Tata Teleservices' officials drew a blank. Numerous users who contacted customer service did not receive any replies or resolution. Through the course of the blockade, the ISP did not even display any message to Wordpress visitors that the domain was blocked, nor did it notify the owners of Wordpress blogs about it. Puzzled users tried resetting their Internet connections, clearing DNS caches, and calling the customer service helpline only to realise that they were experiencing an ISP-level block.

The reactions of Wordpress users ranged from annoyance to distress. Human rights activist and lawyer Kamayani Bali Mahabal commented on Tech2, "Yes, my wordpress blog is blocked and I have 4 blogs...have also written to TATA. I can access through [an] anonymous browser but I cannot log in, edit and do admin functions, I can do about 50 percent work on my blog. Dashboard not accessible[,] barely manage to post, will be suing TATA soon". In a blog post, she has described her experience of the block.

Blogger Shantanu Adhicary who goes by the nom de blog Tantanoo says, "My blogs are self-hosted [on Wordpress] so I was not affected. But it was annoying that I was unable to access, read or comment on other Wordpress blogs, especially in the absence of any message whatsoever that this site has been blocked".

The move by Tata Teleservices is being seen as ham handed; around 25 million Wordpress blogs were made inaccessible to deal with a few rotten eggs. Blogger and social media consultant Prateek Shah opines, "Blanket bans on domains because content on some of their pages is objectionable are akin to jailing a certain section of society just because some people from the community broke the law. Wordpress plays an extremely important role on the Internet and if such a site were to go down even for a few hours, it would mean mayhem for bloggers as well as readers who count on the platform to get the latest updates and information. ISPs need to mature and grow up to the fact that one can't put millions of people in jeopardy when apparently trying to protect the interests of some".

In June, the Madras High Court had granted relief to netizens in India by urging that there be no more John Doe orders. “The order of interim injunction dated 25/04/2012 is hereby clarified that the interim injunction is granted only in respect of a particular URL where the infringing movie is kept and not in respect of the entire website. Further, the applicant is directed to inform about the particulars of URL where the interim movie is kept within 48 hours.”

Pranesh Prakash, Policy Director at Centre for Internet and Society (CIS), agrees the move was wrong but shares insights about the position of the ISPs. He says, "It was obviously wrong. It contravenes the government's orders to not block the base URL but individual pages. Action should be taken against them for causing inconvenience to users. This is not the first time an ISP has gone overboard in implementing censorship, be it copyright issues, piracy or inflammatory content. In 2006, the government had chastised ISPs for over-censoring content and blocking unintended websites and pages. Having said that, ISPs have numerous grouses against the government. They do not possess the technical capabilities to implement the government's orders, at times, whether about surveillance or censorship".

ISPs that are also telecom services providers, find themselves unable to decipher government notifications about shutting off content on the Internet or introducing curbs on mobile communication. Prakash's analysis of the 300-odd URLs blocked by the Indian government reveals glaring mistakes in the government directives "that made blocking pointless and effectual". When asked to opine about what ISPs and telcos should do when the orders from the government were not crystal clear, Prakash said, "They should ask for clarifications from the government. The operators sought clarifications from the Ministry of Telecommunications about the recent orders to ban bulk text messages and MMSes. The ministry was unable to resolve them, and in turn, sought further clarifications from the Home Ministry. The government should coordinate better".

Tata Teleservices was not the only ISP guilty of throwing the baby out with the bathwater. Sify too reportedly imposed a blanket block on the Wordpress domain. Airtel went overboard by temporarily blocking Youtu.be URLs last week citing orders by the court or the DoT.

For more details visit https://cis-india.org/news/tech-2-in-com-aug-30-2012-tata-photon-unblocks-wordpress

Internet Analysts Question India’s Efforts to Stem Panic

praskrishna — 2012-09-04T11:46:03Z

The Indian government’s efforts to stem a weeklong panic among some ethnic minorities has again put it at odds with Internet companies like Google, Facebook and Twitter.

This article by Vikas Bajaj was published by New York Times on August 21, 2012. Sunil Abraham is quoted. This was reposted in NDTV on August 22, 2012.

Officials in New Delhi, who have had disagreements with the companies over restrictions on free speech, say the sites are not responding quickly enough to their requests to delete and trace the origins of doctored photos and incendiary posts aimed at people from northeastern India. After receiving threats online and on their phones, tens of thousands of students and migrants from the northeast have left cities like Bangalore, Pune and Chennai in the last week.

The government has blocked 245 Web pages since Friday, but still many sites are said to contain fabricated images of violence against Muslims in the northeast and in neighboring Myanmar meant to incite Muslims in cities like Bangalore and Mumbai to attack people from the northeast. India also restricted cellphone users to five text messages a day each for 15 days in an effort to limit the spread of rumors.

Officials from Google and industry associations said they were cooperating fully with the authorities. Some industry executives and analysts added that some requests had not been heeded because they were overly broad or violated internal policies and the rights of users.

The government, used to exerting significant control over media like newspapers, films and television, has in recent months been frustrated in its effort to extend similar and greater regulations to Web sites, most of which are based in the United States. Late last year, an Indian minister tried to get social media sites to prescreen content created by their users before it was posted. The companies refused and the attempt failed under withering public criticism.

While just 100 million of India’s 1.2 billion people use the Internet regularly, the numbers are growing fast among people younger than 25, who make up about half the country’s population. For instance, there were an estimated 46 million active Indian users on Facebook at the end of 2011, up 132 percent from a year earlier.

Sunil Abraham, an analyst who has closely followed India’s battles with Internet companies, said last week’s effort to tackle hate speech was justified but poorly managed. He said the first directive from the government was impractically broad, asking all Internet “intermediaries” — a category that includes small cybercafes, Internet service providers and companies like Google and Facebook — to disable all content that was “inflammatory, hateful and inciting violence.”

“The Internet intermediaries are responding slowly because now they have to trawl through their networks and identify hate speech,” said Mr. Abraham, executive director of the Center for Internet and Society, a research and advocacy group based in Bangalore. “The government acted appropriately, but without sufficient sophistication.”

In the days since the first advisory went out on Aug. 17, government officials have asked companies to delete dozens of specific Web pages. Most of them have been blocked, but officials have not publicly identified them or specified the sites on which they were hosted. Ministers have blamed groups in Pakistan, a neighbor with which India has tense relations, for creating and uploading many of the hateful pages and doctored images.

A minister in the Indian government, Milind Deora, acknowledged that officials had received assistance from social media sites but said officials were hoping that the companies would move faster.

“There is a sense of importance and urgency, and that’s why the government has taken these out-of-the-way decisions with regards to even curtailing communications,” Mr. Deora, a junior minister of communications and information technology, said in a telephone interview. “And we are hoping for cooperation from the platforms and companies to help us as quickly as possible.”

Indian officials have long been concerned about the power of modern communications to exacerbate strife and tension among the nation’s many ethnic and religious groups. While communal violence has broadly declined in the last decade, in part because of faster economic growth, many grievances simmer under the surface. Most recently, fighting between the Bodo tribe and Muslims in the northeastern state of Assam has displaced about half a million people and, through text messages and online posts, affected thousands more across India.

Officials at social media companies, speaking on the condition of anonymity to avoid offending political leaders, said that they were moving as fast as they could but that policy makers must realize that the company officials have to follow their own internal procedures before deleting content and revealing information like the Internet protocol addresses of users.

“Content intended to incite violence, such as hate speech, is prohibited on Google products where we host content, including YouTube, Google Plus and Blogger,” Google said in a statement. “We act quickly to remove such material flagged by our users. We also comply with valid legal requests from authorities wherever possible.”

Facebook said in a statement that it also restricts hate speech and “direct calls for violence” and added that it was “working through” requests to remove content. Twitter declined to comment on the Indian government’s request.

Telecommunications company executives criticized the government’s response to the crisis as being excessive and clumsy. There was no need to limit text messages to just five a day across the country when problems were concentrated in a handful of big cities, said Rajan Mathews, director general of the Cellular Operators Association of India.

“It could have been handled much more tactically,” he said.

Others said the government could have been more effective had it quickly countered hateful and threatening speech by sending out its own messages, which it was slow to do when migrants from the northeast began leaving Bangalore on Aug. 15.

“It has to also reach out on social networking and Internet platforms and dismantle these rumors,” Mr. Abraham said, “and demonstrate that they are false.”

A version of this article appeared in print on August 22, 2012, on page B4 of the New York edition with the headline: Internet Moves by India to Stem Rumors and Panic Raise Questions.

For more details visit https://cis-india.org/news/www-nytimes-vikas-bajaj-aug-21-2012-internet-analysts-question-indias-efforts-to-stem-panic

India limits social media after civil unrest

praskrishna — 2012-09-04T11:59:01Z

Indian officials have gone too far in limiting text messages and pressuring local Internet firms as well as Twitter and others to block accounts, critics say.

This article by Mark Magnier was published in Los Angeles Times on August 23, 2012 and re-posted in Channel 6 News on August 24, 2012. Sunil Abraham is quoted.

Has the Indian government lost its sense of humor?

That's what some in India were asking as word spread that authorities had pressured Twitter into blocking several accounts parodying the prime minister after civil unrest that saw dozens of people from northeastern India killed and thousands flee in panic.

This week, the government also imposed a two-week limit of five text messages a day — raised Thursday to 20 — potentially affecting hundreds of millions of people, and pressured local Internet companies as well as Facebook, Twitter and Google to block hundreds of websites and user accounts.

Although journalists, free speech advocates and bloggers said the effort to squelch rumors may be justified, several criticized the actions as excessive.

"You cannot burn the entire house to kill one mischievous mouse," said Gyana Ranjan Swain, a senior editor at Voice & Data, a networking trade magazine. "You're in the 21st century. Their thinking is still 50 years old. It's just 'kill the messenger.'"

Comedians said Indian political humor is evolving and there's more leeway to make fun of politicians than a decade ago, but the nation's mores still call for greater respect than in the West.

"If I tried something like South Park, I'd be put behind bars tomorrow," said Rahul Roushan, founder of Faking News website, which satirizes Indian current events.

Faking News has lampooned the recent corruption scandals, including specious stories about theme restaurants (where customers must bribe waiters or go hungry); and a tongue-in-cheek report that India has banned the zero because too many of them appear nowadays in auditors' reports, after recent coal and telecommunications scandals each allegedly involving more than $30 billion.

Roushan, whose site isn't blocked, said he hopes low-level officials misinterpreted government directives.

"I'm still in a state of disbelief," he said. "I don't think the government is so stupid that it can ask that parody accounts get taken down. If they did, God help this country."

A spokesman for the prime minister's office said the blocking of six fake Twitter accounts attributed to the prime minister has been in the works for months and wasn't related to the recent crisis. He said the move was in response to tweets containing hate language and caste insults that readers could easily mistake as the Indian leader's. A dozen Twitter accounts and about 300 websites were blocked, according to news reports.

"We have not lost our sense of humor," said Pankaj Pachauri, the prime minister's spokesman. "We started a procedure to take action against people misrepresenting themselves."

But some Twitter users whose accounts are frozen, including media consultant Kanchan Gupta, counter that the government may be using the crisis to muzzle critics.

"I'm very clear in my mind this is a political decision," said Gupta, who has been critical of corruption and the government's policy drift. "If they were openly confrontational of me, they'd go nowhere, so they're trying this."

Attempts to access his Twitter page Thursday were met with the message: "This website/URL has been blocked until further notice either pursuant to Court orders or on the Directions issued by the Department of Telecommunications."

Even Britain's Queen Elizabeth II has numerous parody accounts so India needs to lighten up, consultant Gupta said.

He's received several messages from worried Pakistani friends since the news broke. "They ask if I'm all right, say they hope they haven't frog-marched you to jail," he said. "What irony."

The restrictions are the latest chapter of a crisis that started in July when Muslims and members of the Bodo tribal community in northeastern India clashed over land, jobs and politics. The result: 75 people killed and 300,000 displaced.

Muslims in Mumbai, formerly Bombay, staged a sympathy demonstration last week; two more people were killed and dozens injured.

Rumors, hate messages and altered photos of supposed atrocities against Muslims soon spread on social media sites, and several people from northeastern India were beaten in Bangalore and other cities, prompting the crackdown.

New Delhi has accused Pakistani websites of fanning the online rumors. (Islamabad said it would investigate if there's any proof.) But Indian news media also reported that 20% of the websites blocked contained inflammatory material uploaded by Hindu nationalist groups in India that were apparently trying to stir up sectarian trouble.

The Twitter community has responded with derision and humor to limits on text messages on prepaid cellphones.

"Feeling deeply insulted that I still have not been blocked," tweeted user @abhijitmajumder. "Victim of govt apathy."

Sunil Abraham, head of the Bangalore civic group Center for Internet and Society, said this week's restrictions are the latest in a series of regulations and recommendations aimed at tightening Internet control.

For more details visit https://cis-india.org/news/articles-latimes-com-mark-magnier-aug-23-2012-india-limits-social-media-after-civil-unrest

Collaborative Projects Programme

nishant — 2011-08-23T03:04:56Z

The Centre for Internet and Society recognises collaboration and consultation as its primary mode of engaging with research and intervention. The Collaborative Projects Programme (CPP) is CIS’ platform for partnering (intellectually, logistically, financially, and administratively) with other organisations, individuals and practitioners in projects which are of immediate concern to the work that CIS is committed to.

The Collaborative Projects Programme also expands the scope of research to produce a synergy between research and praxis. The CPP is, in many ways, the in-house research that CIS undertakes, in collaboration and consultation with other organisations, institutions and individuals who have a stake and a say in the field of Internet and Society. The CPP is not bound by any theme of programmatic modalities and is envisioned more as a way for CIS to extend its field and establish a strong network with other exciting spaces in the Global South.

The Collaborative Projects Programme can include, but is not limited to, organising of large conferences or workshops; developing tools for better research and advocacy; data mining towards a specific goal that complements CIS’ vision; producing original monographs/publications/books targeted at different audiences; experimenting with new technologies to affect policy and usage; implementing pilot studies and instances of existing ideas; developing schemes to integrate education and technology; public intervention and awareness campaigns geared towards particular outcomes; celebrating certain aspects of internet technologies; engaging with digital natives; and creating new environments of learning and participation online.

The CPP is NOT a grant making programme. However, we are interested in partnering on new and innovative ideas and would welcome conversations with people and organisations in the field. If you have an interesting idea that you think fits our larger vision, please contact us and we can begin the discussions.

List of Projects under the Collaborative Projects Programme:

1. The Promise of Invisibility: Technology and the City - A seven month research project initiated by Nishant Shah, in collaboration with the Centre for Contemporary Cultural Studies, Shanghai University, enabled by a grant from the Asia Scholarship Foundation, Bangkok.

2. Disability, Learning and Digital Participation - in partnership with Inclusive Planet

For more details visit https://cis-india.org/research/grants/collaborative-projects-programme

The ICANN-US DOC 'Affirmation of Commitments' - A Step Forward?

anja — 2011-08-02T07:16:09Z

On 30 September 2009, ICANN (Internet Corporation for Assigned Names and Numbers) signed an Affirmation of Commitments (AoC) with the US Government's Department of Commerce. For those of us who are concerned that the Internet should serve the global public good, is the new arrangement a step forward? An assessment.

On 30 September 2009, ICANN signed an Affirmation of Commitments (AoC) with the US Government's Department of Commerce. ICANN is the not-for-profit public-benefit corporation that coordinates the Internet's naming system. The Affirmation has been widely hailed for the loosening of US-ICANN ties that it implies. The unilateral control that the US exercised over the organisation had for long been criticised in various quarters as inappropriate for a – by now - global resource such as the Internet. A central instrument of this control was constituted by the reviews that the US's NTIA (National Telecommunications and Information Administration) would conduct of the organisation, based on which the country's Department of Commerce would rework and renew its contract with ICANN. With the signing of the AoC, reviews will henceforth be conducted by panels to be appointed by the Chair of ICANN's Board of Directors, as well as the Chair of the Government Advisory Committee (GAC) in consultation with the other members of the GAC. Since the Affirmation of Commitments is of long standing – unlike earlier Memoranda of Understanding, which had a limited validity – and since the US has demanded for itself a permanent seat on only one of the four panels that the AoC institutes, the US has indeed given up significant amounts of the control that it wielded over the organisation so far.

A clear step forward? Well, not necessarily – and in many ways it is too early to tell. Because while the denationalisation of ICANN was high on many stakeholders' agenda, so was the strengthening of ICANN as an accountable tool for global governance. And where the latter is concerned, the AoC falls sorely short. Although ICANN likes to posit itself as an organisation rooted in communities, where policy is developed from the bottom up, this wonderfully democratic discourse stands in rather ugly contrast to the quite questionable practices that are all too frequently reported from the organisation (the rather stepsisterly treatment meted out to noncommercial users in ICANN in recent times, for example, immediately comes to mind [1]). At the root of this contradiction seems to lie the fact that, while ICANN may be a public interest organisation on paper, in practice it is heavily dominated by large businesses, in particular those US-based, who seem to be willing to go to considerable lengths to defend their interests. The AoC has done nothing to check these tendencies. The review panels suggested are an internal affair, where those who develop policy will get to appoint the people who will assess the policy development processes, and most of those appointed, too, will come from within the organisation. While the suggested wider involvement of ICANN communities, including governments, in reviewing the organisation is a welcome move, it remains to be seen, then, to what extent these review panels will have teeth – in any case their recommendations are not binding. But some go even further and argue that the AoC has effectively removed the one democratic control that existed over ICANN's Board: that of the US Government. As the communities that supposedly make up ICANN do not have the power to unseat the Board, the Board now is effectively accountable... to none.

Since it does not directly address accountability problems within ICANN, the AoC is not so much an improvement, then, as simply a change: it has closed a few old doors, and opened some new ones. Whether this is for good or for bad remains to be seen: in the absence of clear structures of control and oversight, the shape of things to come is never fixed. For those within ICANN who genuinely want to work towards an Internet in the service of the public good, rather than of big business, there is, therefore, a tough task ahead of trying to ensure that the most will be made of the opportunities that the new arrangement does provide. Considering ICANN's institutional culture, this will undoubtedly mean that much of their energy will need to be invested in simply trying to shape new procedures and frameworks of governance in more democratic and accountable directions, eating into valuable time that could and should have been devoted to policy development instead. Indeed, irrespective of the final outcome of the AoC, the spectre of ICANN's lack of accountability and its glaring democratic deficit, for now, remains. And for a forum such as ICANN, that is unbecoming to say the least.

1] For more information, please see http://ncdnhc.org/profiles/blogs/ncuc-letter-to-icann-board-of, http://ncdnhc.org/profiles/blogs/top-10-myths-about-civil, and http://blog.internetgovernance.org/blog/_archives/2009/10/2/4338930.html.

For more details visit https://cis-india.org/internet-governance/blog/the-icann-us-doc-affirmation-of-commitments-a-step-forward

RTI Applications on Blocking of Websites

pranesh — 2012-12-21T06:34:27Z

In recent weeks, an increasing number of incidents have come to light on government-ordered blocking of websites. In one case involving Zone-H.org, it is clear who has ordered the block (a Delhi district court judge, as an interim order), even though the block itself is open to constitutional challenge. In all others cases, including the TypePad case, it is unclear who has ordered the block and why. We at CIS have sent in two right to information requests to find out.

While under the law (i.e., s.69A of the Information Technology Act), the Department of Information Technology (DIT) has the power to order blocks (via the 'Designated Officer'), in some cases it has been noted that the ISPs have noted that the order to block access to the websites have come from the Department of Telecom (DoT). Due to this, we have sent in RTI applications to both the DIT and the DoT.

RTI Application to Department of Information Technology

Shri B.B.Bahl,
Joint Director and PIO (RTI)
Office of PIO (RTI)
Room No 1016, Electronics Niketan
Department of Information Technology (DIT)
Ministry of Communications and Information Technology
6, CGO Complex, New Delhi

Dear Sir,

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

1. Full Name of the Applicant:
Pranesh Prakash

2. Address of the Applicant:
E-mail Address:
pranesh[at]cis-india.org

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

3. Details of the information required:

It has come to our attention that Airtel Broadband Services (“Airtel”) has recently blocked access to a blog host called TypePad (http://www.typepad.com) (“TypePad”) for all its users across the country. In this regard, we request information on the following queries under Section 6(1) of the Right to Information Act, 2005:

Did the Department order Airtel to block TypePad under s.69A of the Information Technology Act (“IT Act”), 2000 read with the Information Technology (Procedures and Safeguards for Blocking Access of Information by Public) Rules, 2009 (“Rules”) or any other law for the time being in force? If so, please provide a copy of such order or orders. If not, what action, if at all, has been taken by the Department against Airtel for blocking of websites in contravention of s.69A of the IT Act?
Has the Department ever ordered a block under s.69A of the IT Act? If so, what was the information that was ordered to be blocked?
How many requests for blocking of information has the Designated Officer received, and how many of those requests have been accepted and how many rejected? How many of those requests were for emergency blocking under Rule 9 of the Rules?
Please provide use the present composition of the Committee for Examination of Requests constituted under Rule 7 of the Rules.
Please provide us the dates and copies of the minutes of all meetings held by the Committee for Examination of Requests under Rule 8(4) of the Rules, and copies of their recommendations.
Please provide us the present composition of the Review Committee constituted under rule 419A of the Indian Telegraph Rules, 1951.
Please provide us the dates and copies of the minutes of all meetings held by the Review Committee under Rule 14 of the Rules, and copies of all orders issued by the Review Committee.

4. Years to which the above requests pertain:
2008-2011

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

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

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

Please provide me this information in electronic form, via the e-mail address provided above.

This to certify that I, Pranesh Prakash, am a citizen of India.

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

Date: Monday, February 28, 2011
Place: Bengaluru, Karnataka

(Pranesh Prakash)

RTI Application to Department of Telecom

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

Dear Sir,

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

1. Full Name of the Applicant:
Pranesh Prakash

2. Address of the Applicant:
E-mail Address:
pranesh[at]cis-india.org

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

3. Details of the information required:

It has come to our attention that Airtel Broadband Services (“Airtel”) has recently blocked access to a blog host called TypePad (http://www.typepad.com) (“TypePad”) for all its users across the country. Airtel subscribers trying to access this website receive a message noting “This site has been blocked as per request by Department of Telecom”. In this regard, we request information on the following queries under Section 6(1) of the Right to Information Act, 2005:

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

4. Years to which the above requests pertain:
2005-2011

5. Designation and Address of the PIO from whom the information is required:
Shri Subodh Saxena
Central Public Information Officer (RTI)
Director (DS-II)
Room No 1006, Sanchar Bhawan
Department of Telecommunications (DoT)
Ministry of Communications and Information Technology
20, Ashoka Road, New Delhi — 110001

Please provide me this information in electronic form, via the e-mail address provided above.

This to certify that I, Pranesh Prakash, am a citizen of India.

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

Date: Monday, February 28, 2011
Place: Bengaluru, Karnataka

(Pranesh Prakash)

For more details visit https://cis-india.org/internet-governance/blog/rtis-on-website-blocking

i4D Interview: Social Networking and Internet Access

nishant — 2011-09-22T12:51:57Z

Nishant Shah, the Director for Research at CIS, was recently interviewed in i4D in a special section looking at Social Networking and Governance, as a lead up to the Internet Governance Forum in December, in the city of Hyderabad.

Mechanism of Self-Governance Needed for Social Networks

Should social networking sites be governed, and if yes, in what way?

A call for either monitoring or censoring Social Networking Sites has long been proved ineffectual, with the users always finding new ways of circumventing the bans or the blocks that are put into place. However, given the ubiquitous nature of SNS and the varied age-groups and interests that are represented there, governance, which is non-intrusive and actually enables a better and more effective experience of the site, is always welcome. The presumed notion of governance is that it will set processes and procedures in place which will eventually crystallise into laws or regulations. However, there is also another form of governance - governance as provided by a safe-keeper or a guardian, somebody who creates symbols of caution and warns us about being cautious in certain areas. In the physical world, we constantly face these symbols and signs which remind us of the need to be aware and safe. Creation of a vocabulary of warnings, signs and symbols that remind us of the dangers within SNS is a form of governance that needs to be worked out. This can be a participatory governance where each community develops its own concerns and addresses them. What is needed is a way of making sure that these signs are present and garner the attention of the user.

How do we address the concerns that some of the social networking spaces are not "child safe"?

The question of child safety online has resulted in a raging debate. Several models, from the cybernanny to monitoring the child's activities online ,have been suggested at different times and have more or less failed. The concerns about what happens to a child online are the same as those about what happens to a child in the physical world. When the child goes off to school, or to the park to play, we train and educate them about things that they should not be doing -- suggesting that they do not talk to strangers, do not take sweets from strangers, do not tell people where they live, don't wander off alone -- and hope that these will be sufficient safeguards to their well being. As an added precaution, we also sometimes supervise their activities and their media consumption. More than finding technical solutions for safety online, it is a question of education and training and some amount of supervision to ensure that the child is complying with your idea of what is good for it. A call for sanitising the internet is more or less redundant, only, in fact, adding to the dark glamour of the web and inciting younger users to go and search for material which they would otherwise have ignored.

What are the issues, especially around identities and profile information privacy rights of users of social networking sites?

The main set of issues, as I see it, around the question of identities, is the mapping of the digital identities to the physical selves. The questions would be : What constitutes the authentic self? What is the responsibility of the digital persona? Are we looking at a post-human world where online identities are equally a part of who we are and are sometimes even more a part of who we are than our physical selves? Does the older argument of the Original and the Primary (characteristics of Representation aesthetics) still work when we are talking about a world of 'perfect copies' and 'interminable networks of selves' (characteristics of Simulation)? How do we create new models of verification, trust and networking within an SNS? Sites like Facebook and Orkut, with their ability to establish looped relationships between the users, and with the notion of inheritance (¨friend of a friend of a friend of a friend¨), or even testimonials and open 'walls' and 'scraps' for messaging, are already approaching these new models of trust and friendship.

How do we strike a balance between the freedom of speech and the need to maintain law and order when it comes to monitoring social networking sites?

I am not sure if the 'freedom of speech and expression' and the 'maintaining of law and order' need to be posited as antithetical to each other. Surely the whole idea of 'maintaining law and order' already includes maintaining conditions within which freedom of speech and expression can be practiced. Instead of monitoring social networking sites to censor and chastise (as has happened in some of the recent debates around Orkut, for example), it is a more fruitful exercise to ensure that speech, as long as it is not directed offensively towards an individual or a community, needs to be registered and heard. Hate speech of any sort should not be tolerated but that is a fact that is already covered by the judicial systems around the world.

What perhaps, is needed online, is a mechanism of self-governance where the community should be able to decide the kinds of actions and speech which are valid and acceptable to them. People who enter into trollish behaviour or hate speak, automatically get chastised and punished in different ways by the community itself. To look at models of better self-governance and community mobilisation might be more productive than producing this schism between freedom of speech on the one hand and the maintenance of law and order on the other.

Link to original article on i4donline.net

For more details visit https://cis-india.org/internet-governance/blog/i4d-interview-social-networking-and-internet-access

Letter to ICANN on NCSG

pranesh — 2011-08-02T07:41:11Z

The Centre for Internet and Society sent the following mail to ICANN regarding their attempt to impose their own charter for a Noncommercial Stakeholder Group (NCSG), instead of accepting the one drafted by the Noncommercial Users Constituency (NCUC).

Dear Sir or Madam,

Greetings from the Centre for Internet and Society - Bangalore. We are a Bangalore based research and advocacy organisation promoting consumer and citizen rights on the Internet. We currently focus on IPR reform, IPR alternatives and electronic accessibility by the disabled. Please see our website <http://cis-india.org> for more information about us and our activities.

It has come to our attention that ICANN is imposing the ICANN staff-drafted charter for a Noncommercial Stakeholder Group (NCSG) and ignoring the version drafted by civil society. As you know, the civil society version was drafted using a consensus process and more than 80 international noncommercial organizations, including mine, support it.

This is an unacceptable situation since the governance structures contained within the NCSG charter determine how effectively noncommercial users can influence policy decisions at ICANN in years to come. On behalf of Internet users in India - I would strongly urge you to reject the staff drafted version of the charter and adopt the version drafted and endorsed by civil society.

Best wishes,

Sunil Abraham
Executive Director
Centre for Internet and Society

For more details visit https://cis-india.org/internet-governance/blog/letter-to-icann-on-ncsg

Primer on the New IT Act

pranesh — 2011-08-02T07:41:54Z

With this draft information bulletin, we briefly discuss some of the problems with the Information Technology Act, and invite your comments.

The latest amendments to the Information Technology Act 2000, passed in December 2008 by the Lok Sabha, and the draft rules framed under it contain several provisions that can be abused and misused to infringe seriously on citizens' fundamental rights and basic civil liberties. We have already written about some of the problems with this Act earlier. With this information bulletin, drafted by Chennai-based advocate Ananth Padmanabhan, we wish to extend that analysis into the form of a citizens' dialogue highlighting ways in which the Act and the rules under it fail. Thus, we invite your comments, suggestions, and queries, as this is very much a work in progress. We will eventually consolidate this dialogue and follow up with the government on the concerns of its citizens.

Intermediaries beware

Internet service providers, webhosting service providers, search engines, online payment sites, online auction sites, online market places, and cyber cafes are all examples of “intermediaries” under this Act. The Government can force any of these intermediaries to cooperate with any interception, monitoring or decryption of data by stating broad and ambiguous reasons such as the “interest of the sovereignty or integrity of India”, “defence of India”, “security of the State”, “friendly relations with foreign States”, “public order” or for “preventing incitement to” or “investigating” the commission of offences related to those. This power can be abused to infringe on the privacy of intermediaries as well as to hamper their constitutional right to conduct their business without interference.

If a Google search on “Osama Bin Laden” throws up an article that claims to have discovered his place of hiding, the Government of India can issue a direction authorizing the police to monitor Google’s servers to find the source of this information. While Google can, of course, establish that this information cannot be attributed directly to the organization, making the search unwarranted, that would not help it much. While section 69 grants the government these wide-ranging powers, it does not provide for adequate safeguards in the form of having to show due cause or having an in-built right of appeal against a decision by the government. If Google refused to cooperate under such circumstances, its directors would be liable to imprisonment of up to seven years.

Pre-censorship

The State has been given unbridled power to block access to websites as long as such blocking is deemed to be in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States, and other such matters.

Thus, if a web portal or blog carries or expresses views critical of the Indo-US nuclear deal, the government can block access to the website and thus muzzle criticism of its policies. While some may find that suggestion outlandish, it is very much possible under the Act. Since there is no right to be heard before your website is taken down nor is there an in-built mechanism for the website owner to appeal, the decisions made by the government cannot be questioned unless you are prepared to undertake a costly legal battle.

Again, if an intermediary (like Blogspot or an ISP like Airtel) refuses to cooperate, its directors may be personally liable to imprisonment for up to a period of seven years. Thus, being personally liable, the intermediaries are rid of any incentive to stand up for the freedom of speech and expression.

We need to monitor your computer: you have a virus

The government has been vested with the power to authorize the monitoring and collection of traffic data and information generated, transmitted, received or stored in any computer resource. This provision is much too widely-worded.

For instance, if the government feels that there is a virus on your computer that can spread to another computer, it can demand access to monitor your e-mails on the ground that such monitoring enhances “cyber security” and prevents “the spread of computer contaminants”.

Think before you click "Send"

If out of anger you send an e-mail for the purpose of causing “annoyance” or “inconvenience”, you may be liable for imprisonment up to three years along with a fine. While that provision (section 66A(c)) was meant to combat spam and phishing attacks, it criminalizes much more than it should.

A new brand of "cyber terrorists"

The new offence of “cyber terrorism” has been introduced, which is so badly worded that it borders on the ludicrous. If a journalist gains unauthorized access to a computer where information regarding corruption by certain members of the judiciary is stored, she becomes a “cyber terrorist” as the information may be used to cause contempt of court. There is no precedent for any such definition of cyberterrorism. It is unclear what definition of terrorism the government is going by when even unauthorized access to defamatory material is considered cyberterrorism.

For more details visit https://cis-india.org/internet-governance/blog/primer-it-act

Chilling Effects and Frozen Words

Lawrence Liang — 2012-04-30T07:32:17Z

What if the real danger is not that we lose our freedom of speech and expression but our sense of humour as a nation? Lawrence Liang's op-ed was published in the Hindu on April 30, 2012.

While freedom of speech and expression is an individual right, its actualisation often relies on a vast infrastructure of intermediaries.

In the offline world, this includes newspapers, television channels, public auditoriums, etc. It is often assumed that the internet has created a more robust public sphere of speech by doing away with many structural barriers to free speech. But the fact of the matter is that even if the internet enables a shift from a ‘few to many' to a ‘many to many' model of communication, intermediaries continue to remain important players in facilitating free speech. Can one imagine free speech on the internet being the same without Twitter, social networks or Youtube?

One way of thinking of the infrastructure of communication is in terms of ecology, and in the ecology of speech — as in the environment — an adverse impact on any component threatens the well-being of all. The idea of cyberspace as a commons is a much cherished myth and in the early days of the internet we were perhaps given a glimpse into its utopian possibility. But we would be deluding ourselves if we believed that the problems that plague free speech in the offline world (including ownership of the avenues of speech) are absent in cyberspace. Recall in recent times that one of the most effective ways in which various governments retaliated to the leaking of official secrets on WikiLeaks was by freezing Julian Assange's PayPal account.

Direct & Indirect Controls

It may be useful to distinguish between direct controls on free speech and indirect or structural controls on free speech. India has had a long history of battling direct and indirect controls on free speech and with a few exceptions the interests of the press have often coincided with the interests of a robust public sphere of debate and criticism.

In the late 1950s and early 1960s, a number of large media houses battled restrictions imposed on the press by way of control of the number of pages of a newspaper, regulation of the size of advertisements and the price of imported newsprint. On the face of it, some of these restrictions may have seemed like commercial disputes but the Supreme Court rightly recognised that indirect controls could adversely impact the individual's right to express himself or herself as well as to receive information freely.

In the online context, there has also been a similar recognition of the role of intermediaries in providing platforms of speech and it is with this view in mind that a number of countries have incorporated safe harbour provisions in their information technology laws.

Section 79 of the Information Technology Act is one such safe harbour provision in India which provides that intermediaries shall not be liable for any third party action if they are able to prove that the offence or contravention was committed without their knowledge or that they had exercised due diligence to prevent the commission of such offence or contravention. But this safe harbour has effectively been undone with the passing of the Information Technology (Intermediaries guidelines) Rules, 2011.

The rules clarify what standard of due diligence has to be met by intermediaries and Sec. 3(2) of the rules obliges intermediaries to have rules and conditions of usage which ensure that users do not host, display, upload, modify, publish, transmit, update or share any information that is in contravention of the Section. This includes the all too familiar ones (defamatory, obscene, pornographic content) but also a whole host of new categories which could be invoked to restrict speech (“grossly harmful,” “blasphemous,” “harassing,” “hateful”).

As is well known, any restriction on speech in India has to comply with both the test of reasonableness under Article 19(2) of the Constitution, as well as ensuring that the grounds of censorship are located within 19(2). Even though there are laws regulating hate speech in India, blasphemy is not a category under Art. 19(2) and has hitherto not been a part of Indian law. Some of the other categories such as “grossly harmful” suggest the people who drafted the rules seem to have taken a constitutional nap at the drafting board.

Sec. 3(4) of the rules provides that any intermediary who receives a notice by an aggrieved person about any violation of sub rule (2) will have to act within 36 hours and where applicable will ensure that the information is disabled. In the event that it fails to act or to respond, the intermediary cannot claim exemption for liability under Sec. 70 of the IT Act. It is worth noting that most intermediaries receive from hundreds to thousands of requests from individuals on a daily basis asking for the removal of objectionable material. The Centre for Internet and Society conducted a “sting operation” to determine whether the criteria, procedure and safeguards for administration of the takedowns as prescribed by the Rules lead to a chilling effect on free expression.

In the course of the study, frivolous takedown notices were sent to seven intermediaries and their response to the notices was documented. Different policy factors were permuted in the takedown notices in order to understand at what points in the process of takedown, free expression is being chilled. The takedown notices which were sent by the researcher were intentionally defective as they did not establish how they were interested parties, did not specifically identify and discuss any individual URL on the websites, or present any cause of action, or suggest any legal injury. Of the seven intermediaries to which takedown notices were sent, six over-complied with the notices, despite the apparent flaws in them.

Caution

Even in cases where the intermediaries challenged the validity of the takedowns, they erred on the side of caution and took down the material. While a number of intermediaries would see themselves as allies in the fight against censorship, more often than not intermediaries are also large commercial organisations whose primary concern is the protection of their business interests. In the face of any potential legal threat, especially from the government, they prefer to err on the side of caution. The people whose content was removed were not told, nor was the general public informed that the content was removed.

The procedural flaws (subjective determination, absence of the right to be heard, the short response time) coupled with the vague grounds on which such takedowns can be claimed, clearly point to a highly flawed situation in which we will see many more trigger happy demands for offending materials to be taken down.

We have already slipped into a state of being a republic of over sensitivity where any politician, religious group or individual can claim their sentiments have been hurt or they have been portrayed disparagingly, as evidenced by the recent attack and subsequent arrest of Professor Ambikesh Mahapatra of Jadavpur University for posting cartoons lampooning Mamata Banerjee.

Nervous State

In the era of global outsourcing it was inevitable that the state censorship machinery would also learn a lesson or two from the global trends and what better way of ensuring censorship than outsourcing it to individuals and to corporations. The renowned anthropologist, Michael Taussig, once compared the state to a nervous system and it seems that the Intermediary rules live up to the expectations of a nervous state ever ready to respond to criticism and disparaging cartoons.

What if the real danger is not even that we lose our freedom of speech and expression but we lose our sense of humour as a nation?

The evident flaws of the rules have been acknowledged even by lawmakers, with P. Rajeeve, the CPI(M) M.P., introducing a motion for the annulment of the rules. The annulment motion is going to be debated in the coming weeks and one hopes that the parliamentarians will seriously reconsider the rules in their current form.

When faced with conundrums of the present it is always useful to turn to history and there is reason to believe that while censorship has a very respectable genealogy in Indian thought, it has also been accompanied in equal measure by a tradition of the right to offend.

In his delightful reading of the Arthashastra, Sibaji Bandyopadhay alerts us to the myriad restrictions that existed to control Kusilavas (the term for entertainers which included actors, dancers, singers, storytellers, minstrels and clowns). These regulations ranged from the regulation of their movement during monsoon to prohibitions placed on them, ensuring that they shall not “praise anyone excessively nor receive excessive presents”. While some of the regulations appear harsh and unwarranted, Bandyopadhay says that in contrast to Plato's Republic, which banished poets altogether from the ideal republic, the Arthashastra goes so far as to grant to Kusilavas what we could now call the right to offend. Verse 4.1.61 of the Arthashastra says, “In their performances, [the entertainers] may, if they so wish, make fun of the customs of regions, castes or families and the practices or love affairs (of individuals)”. One hopes that our lawmakers, even if they are averse to reading the Indian Constitution, will be slightly more open to the poetic licence granted by Kautilya.

Click for the original published in the Hindu on April 30, 2012. Lawrence Liang is a lawyer and researcher based at Alternative Law Forum, Bangalore. He can be contacted at lawrence@altlawforum.org

For more details visit https://cis-india.org/internet-governance/chilling-effects-frozen-words

Govt vs Tweeple: Has clampdown hit free speech?

praskrishna — 2012-08-24T12:46:27Z

Has the Government crossed the line by ordering the blocking of several Twitter accounts, many belonging to prominent journalists? The debate was featured in NDTV on August 23, 2012.

Sunil Abraham spoke to Sonia Singh of NDTV. Sunil said that "we should focus on designing of the censorship regime in the country and the lack of compliance with the principles of natural justice".

Watch the full video on NDTV here

For more details visit https://cis-india.org/news/www-ndtv-com-aug-23-2012-govt-vs-tweeple-has-clampdown-hit-free-speech