Centre for Internet and Society

Google Policy Fellowship Program: Asia Chapter

praskrishna — 2011-08-02T07:34:24Z

For the ardent followers of free and open Internet and for those who love to debate on technology, media law and Internet-related policy issues, there is some good news. The Centre for Internet and Society, India is conducting a Google Policy Fellowship program this summer!

Offered for the first time in Asia Pacific, the Google Policy Fellowship offers successful applicants the opportunity to develop research and debate on issues relating to freedom of expression for a minimum of ten weeks from June to August 2011. The applicants will be selected in Australia, India and Hong Kong respectively.

The Centre for Internet and Society will select the India Fellow, and is accepting applications for the position before March 27, 2011. Google is providing a USD 7,500 stipend to the India Fellow, who will be selected by April 18, 2011.

To apply, please send to google.fellowship@cis-india.org the following materials:

Statement of Purpose: A brief write-up outlining about your interest and qualifications for the programme including the relevant academic, professional and extracurricular experiences. As part of the write-up, also explain on what you hope to gain from participation in the programme and what research work concerning free expression online you would like to further through this programme. (About 1200 words max).
Resume
Three references

More information about the focus of the work that the Google Policy Fellow will take on is described below1. More information about the Google Policy Fellowship program is available in the FAQ2.

Research Agenda Outline

The research proposals, and the fellowship itself, are to be anchored in the reality of the growing threat to civil liberties in cyberspace, with the consequent curbs on free expression that arise. The aim of the research is to chart out a comprehensive map of the legal and policy frameworks relating to free expression within the Asia-Pacific region and also examine people’s attitudes and ground-level movements relating to the same. This second component will necessarily involve some amount of empirical research: the fellows across different regions (for 2011, there will be fellows from India, Australia and Hong Kong) will be expected to use a survey on similar lines, so that the results could be adequately contrasted.

The research would involve but not necessarily be limited to the following areas:

Understanding Dissent

This component would involve looking at how dissent is negotiated in the region by the legal system and the ways in which governments seek to stifle and control online dissent. Specific points of interrogation would include:

The extent to which the constitution and other laws in the region protect freedom of expression and the extent to which they are enforced.
Judicial decisions relating to free expression, censorship and dissent. Have they examined how speech and other activities on the Internet should be afforded free speech protection?
The kind of material deemed objectionable and subject to censorship and/or penalization.
The kind of penalties placed on writers, commentators and bloggers for posting objectionable materials on the Internet.
Understanding the economic environment in which free expression operates: chains of media ownership, state restrictions on the means of journalistic production and distribution, and the levels of state control through allocation of advertising or subsidies would be part of this question.
Further, what are the laws relating to encryption and telecom security, as well as to intermediary liability, and how do they affect free expression?

Understanding Free Expression

To be examined here is the question of how freedom of expression is perceived by people. What is the extent to which people believe the right is available to them — as balanced by conceivably conflicting rights such as privacy?

One part of proceeding on this would be to track a set of activist bloggers, gauging their take on various issues.
Another part would include tracking public opinion through comments pages on articles relating to free speech issues; taking a survey or coordinating focus group research. However, this is by no means the most reliable way to gauge the same and is, in particular, one area that will require an appropriate methodology to be developed by the fellows in consultation with the partner organizations.

Both these components are essential in being able to proceed with the third aspect, mentioned below.

Understanding and Facilitating Movements

This final aspect will involve looking at how free expression advocates come together, or fail to do so.

Is there a defined activist community in the region?
If not, what are the possible reasons behind failure of collaboration or organization? Have there been attempts towards the same?

Frequently Asked Questions

What is the Google Policy Fellowship program?

The Google Policy Fellowship program offers students interested in Internet and technology related policy issues with an opportunity to spend their summer working on these issues at the Centre for Internet and Society at Bangalore. Students will work for a period of ten weeks starting from June 2011. The research agenda for the program is based on legal and policy frameworks in the region connected to the ground-level perception of free expression.
Applications for the Fellowship should carry these:

Statement of Purpose: A brief write-up outlining about your interest and qualifications for the programme including the relevant academic, professional and extracurricular experiences. As part of the write-up, also explain on what you hope to gain from participation in the programme and what research work concerning free expression online you would like to further through this programme. (About 1200 words max).
Resume
Three references

Important Dates
What is the program timeline?

March 27, 2011:	Student application deadline; applications must be received by midnight 00:00 GMT.
April 18, 2011:	Student applicants are notified of the status of their applications.
June 2011:	Students begin their fellowship with the host organization (start date to be determined by students and the host organization); Google issues initial student stipends.
July 2011:	Mid-term evaluations; Google issues mid-term stipends.
August 2011:	Final evaluations; Google issues final stipends.

EligibilityI am an International student can I apply and participate in the program?

Are there any age restrictions on participating?

Yes. You must be 18 years of age or older by 1 January 2011 to be eligible to participate in Google Policy Fellowship program in 2011.

Are there citizenship requirements for the Fellowship?

For the time being, we are only accepting students eligible to work in India (e.g. Indian citizens, permanent residents of India, and individuals presently holding an Indian student visa. Google cannot provide guidance or assistance on obtaining the necessary documentation to meet the criteria.

Who is eligible to participate as a student in Google Policy Fellowship program?

In order to participate in the program, you must be a student. Google defines a student as an individual enrolled in or accepted into an accredited institution including (but not necessarily limited to) colleges, universities, masters programs, PhD programs and undergraduate programs. Eligibility is based on enrollment in an accredited university by 1 January 2011.

I am an International student can I apply and participate in the program?

In order to participate in the program, you must be a student (see Google's definition of a student above). You must also be eligible to work in India (see section on citizen requirements for fellowship above). Google cannot provide guidance or assistance on obtaining the necessary documentation to meet this criterion.

I have been accepted into an accredited post-secondary school program, but have not yet begun attending. Can I still take part in the program?

As long as you are enrolled in a college or university program as of 1 January 2011, you are eligible to participate in the program.

I graduate in the middle of the program. Can I still participate?

As long as you are enrolled in a college or university program as of 1 January 2011, you are eligible to participate in the program.

Payments, Forms, and Other Administrative Stuff

How do payments work*?

Google will provide a stipend of USD 7,500 equivalent to each Fellow for the summer.

Accepted students in good standing with their host organization will receive a USD 2,500 stipend payable shortly after they begin the Fellowship in June 2011.
Students who receive passing mid-term evaluations by their host organization will receive a USD 1,500 stipend shortly after the mid-term evaluation in July 2011.
Students who receive passing final evaluations by their host organization and who have submitted their final program evaluations will receive a USD 3,500 stipend shortly after final evaluations in August 2011.

Please note: Payments will be made by electronic bank transfer, and are contingent upon satisfactory evaluations by the host organization, completion of all required enrollment and other forms. Fellows are responsible for payment of any taxes associated with their receipt of the Fellowship stipend.

*While the three step payment structure given here corresponds to the one in the United States, disbursement of the amount may be altered as felt necessary.

What documentation is required from students?

Students should be prepared, upon request, to provide Google or the host organization with transcripts from their accredited institution as proof of enrollment or admission status. Transcripts do not need to be official (photo copy of original will be sufficient).

I would like to use the work I did for my Google Policy Fellowship to obtain course credit from my university. Is this acceptable?

Yes. If you need documentation from Google to provide to your school for course credit, you can contact Google. We will not provide documentation until we have received a final evaluation from your mentoring organization.

Host Organizations

What is Google's relationship with the Centre for Internet and Society?

Google provides the funding and administrative support for individual fellows directly. Google and the Centre for Internet and Society are not partners or affiliates. The Centre for Internet and Society does not represent the views or opinions of Google and cannot bind Google legally.

For more details visit https://cis-india.org/internet-governance/blog/google-policy-fellowship

Global Accessibility Awareness Day 2017

praskrishna — 2017-05-16T05:51:45Z

The Centre for Internet & Society along with Prakat Solutions and Mitra Jyothi is co-hosting the Global Accessibility Awareness Day in Bengaluru on May 18, 2017.

Global Accessibility Awareness Day is celebrated across the world on the 3rd Thursday in May every year to create an awareness in making technology accessible and usable by persons with disabilities. While people may be interested in the topic of making technology accessible and inclusive, the reality is that they often do not know how or where to start, Awareness comes first.

The purpose of GAAD is to get everyone talking, thinking and learning about digital (web, software, mobile, etc.) access/inclusion and people with different disabilities.

To mark this day, Prakat Solutions will be hosting an event filled with lightning talks, workshops and a lot of other activities. You can also view a series of short videos about why accessibility is important with contributions from some of the greatest minds in accessibility today.For us as a company, Global Accessibility Awareness Day is quite special. Other awareness days that we participate in focus on a specific group of people. Today, is not about a specific group of people, today is about each and every one of us.

Watch the Video on What is GAAD

For more details visit https://cis-india.org/accessibility/events/global-accessibility-awareness-day-2017

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

Fueling the Affordable Smartphone Revolution in India

sinha — 2016-03-16T15:23:43Z

Smartphones have emerged as the exemplar of mankind's quest for shrinking technologies. They embody the realization of a simple premise – that computing devices would do more and cost less. This realization has been responsible for modern society's profound transformations in communication, governance, and knowledge distribution.

The essay was published as part of the The Good Life in Asia's Digital 21st Century essay collection.

The launch of the iPhone in 2007 is often credited with ushering in an era of smartphones. Ever since, the world's best tech R&D has focused on increasing the capabilities of these devices. And as a result, less than a decade later, we have sub-hundred dollar smartphones. The low-cost smartphone has found an enthusiastic and insatiable market in developing countries, especially Asia. India is no exception to the Asian narrative – Micromax, Spice, and Lava (low cost smartphone manufacturers) are household names in the Indian smartphone market, which accounted for 65% of internet traffic in 2014 (Meeker, 2015).

The Indian Prime Minister, carrying the twin aspirations of catalyzing the growth of indigenous manufacturing and bridging the digital divide, launched the “Digital India” and “Make in India” campaigns last year. During his US visit, Google, Apple, Microsoft, Facebook extended their support to the campaigns' vision (Guynn, 2011). The campaigns outline the government's elaborate initiatives to, inter alia, bridge the digital divide and build indigenous manufacturing capacity. While all these developments bode well for the indigenous smartphone, there remain some serious concerns affecting the growth of the industry – for instance, patent infringement litigations and the absence of clear legal and regulatory solutions.

From the state of the industry and its implications, it can be concluded that: first, growing access to smartphones has been influenced by their phenomenal affordability; second, smartphones are an excellent example of technology for development (UNDP, 2001) and a facilitator of access to knowledge; and third, domestic smartphone production has occurred in an imprecise legal and regulatory environment.

This essay attempts to build an appreciation for the role that smartphones are playing in development, specifically, by fostering Access to Knowledge. Conversations around development by public-interest groups and emerging industries often espouse Access to Knowledge to address concerns in international development, communications, technology, education, and intellectual property policy. Whereas the principle can be regarded as in-theworks, two theories inform us about the role of mobile phones in fostering Access to Knowledge. Lea Sheaver's theory classifies mobile as an Access-toKnowledge good. Lea enumerates the five key components of a robust Access to Knowledge framework, viz., education for information literacy, access to the global knowledge commons, access to knowledge goods, an enabling legal framework, and effective innovation systems (Sheaver, 2007). According to her, affordability of the good is the ultimate indicator of its efficacy as an access to knowledge good. Furthermore, inventions in microchip technology, electronics manufacturing, and software need to be supported by enabling legal and policy frameworks coupled with effective innovation systems.

Yochai Benkler's framework classifies mobile-devices as both informationembedded goods and information-embedded tools (Benkler, 2006). He says, “Information-embedded goods are those goods which are ‘better, more plentiful or cheaper because of some technological advance embedded in them or associated with their production,’ such as medicines, movies, and improved crop seed. Information-embedded tools, in turn, are those technologies necessary for research, innovation, and communication of knowledge” (Benkler, 2006). A smartphone qualifies as both because it can be used to obtain knowledge, and it depends on discoveries in microchip technology, electronics manufacturing, and software to function.

To date, there has been no formal, theoretical or evidentiary investigation on the emergence of smartphones as an Access-to-Knowledge good. In the following sections, I will attempt to explain the smartphone’s dependence on an enabling legal framework and effective innovation systems (Lea's components). It must be borne in mind that globally, discussions affecting access to knowledge have aimed at creating balanced and inclusive systems related to intellectual property (Kapczynski & Krikorian, 2010). Therefore, the essay will focus on: first, the relationship between constituent mobile technologies and intellectual property as a function of production/deployment of smartphones in India; and second, the relationship between innovation and access.

Creating an Enabling Legal Framework to Foster Access to Knowledge

The adage “the only lesson you can learn from history is that it repeats itself” is worth bearing in our narrative. The emergence of the smartphones industry in Asia has commonalities with the flourishing Asian piracy trade – which remains an essential access solution for low-income societies constantly barraged by expensive western media goods. The prohibitive cost of acquiring brand-name devices (e.g. Apple, HTC, Samsung, Sony) drove local production to imitate and innovate cheaper substitutes (WIPO, 2010). This occurred within the lenient and flexible intellectual property regimes prevalent in Asian countries, which continue to be constantly criticized for their failure to enact stricter intellectual property law. The hubs of smartphone production – China, Taiwan, and India – have flexible intellectual property protection law and lax enforcement measures (Centre for Internet and Society, 2012).

Concerns of intellectual property center around patent and copyright legislation, which have yet to be fully developed to address intellectual property in high-tech industries (since trademark issues remain unchanged, they will not be discussed in the essay.) As a result, constituent smartphone technologies have been shaped and governed by a blend of formal and informal rules and legal and illegal practices. This is why they are often referred to as “gray market” technologies. A smartphone in terms of constituent intellectual property can be broadly divided into hardware and software technologies. This piece will first deal with hardware, followed by software technologies.

Hardware Technologies and Their Relationship with IP Law

Presently, most Indian manufacturers import hardware from China and Taiwan, and assemble the phones in India. A few key Indian domestic players are Maxx Mobile, Intex, Spice, and Lava, whose dominance have not gone unnoticed by foreign manufacturers. A couple of these domestic manufacturers are now embroiled in patent litigation threats or infringement suits. And as litigation piles up in Indian courts, the judiciary is slowly waking up to mobile patent litigation, but is yet to rule comprehensively. To make matters worse, the jurisdiction of the Indian antitrust regulator remains unclear, and to a certain extent overlaps with the judiciary, adding to the ambiguity. For instance, when an appellate court ruled in favor of the Swedish tech-giant Ericsson, it ordered Micromax to pay a flat 1.25 – 2% of its devices' selling price to Ericsson (Lakshane, 2015). The ruling was devoid of a more rational and reasoned approach developed by courts of other jurisdictions in similar matters, which prescribed that the infringers pay damages based on the price of the patented components only, and not the retail price of the phones. This decision risks causing a significant increase in the price of phones and potentially threatens local innovation.

The Indian government's Make in India and Digital India campaigns aim to fulfill the vision of a digitally empowered India, and the 2015 Indian Union budget also targets boosting the electronics manufacturing industry. Despite these broad initiatives, there needs to be a more focused policy in place to ensure domestic companies do not get weighed down by patent related concerns. The root cause of litigation is the vesting of a majority of critical mobile patents (Standard Essential Patents, or SEPs) by a handful tech-giants. For instance, Qualcomm owns 5700 patents around CDMA technology (qualcomm.com). In another instance, the DVD format constitutes 311 SEPs for DVD players and 272 SEPs for DVD recorders (CIS, 2012). Such a dense concentration of patents around SEPs creates a patent thicket and thereby compels Smartphone manufacturers to acquire multiple licenses, and to pay high transaction costs and huge royalties to the owner. To reduce conflict and protect domestic players from being arm-twisted into paying high royalties, the government can potentially identify critical technologies and initiate the formation of a patent pool of such technologies. The concept of a patent pool mandates that the patent holders issue licenses on fair, reasonable, and nondiscriminatory basis to interested parties. However, a nuanced and cautious approach to setting up such pools is necessary (Shapiro, 2001).

There are interesting lessons in China's steps to encourage local innovation of Smartphone hardware as well, specifically in the form of standardized technologies. The Chinese government has actively supported the development of indigenous standards to shield domestic manufacturers from royalty exposure. In fact, the China Blue High-definition Disc (CBHD) standard was built as an alternative to the Blu-ray disc and was duly adopted by the Chinese government, which reportedly caused the royalty rates for the Blu-ray format to dip. Much later, Warner Bros, Paramount, and other motion picture producers adopted the CBHD standard as well for distribution in China.

Software Technologies and Their Relationship with IP Law

Unlike hardware technology, where India is struggling to build manufacturing capacity, the success of the Indian software industry has already been realized. The software-as-a-service (SaAS) industry is led by Infosys, TCS, and Wipro in software exports. The prevailing trend in the industry since the 1980s was to assign ownership of their products to offshore clients. However, in the past decade, there has been a conscious shift by the Indian software development workforce to build products for Smartphone platforms. This is in response to the shift in local populations to accessing content and services online. Reports indicate that India has the second largest population of mobile applications developers (approx. 3 million) in the world, second only to the US (Livemint, 2015). The Indian government has recognized the potential of mobile application-based ventures and created funds to encourage app development in India (IAMAI, 2015).

Intellectual property protection around software is fairly ambiguous. A piece of code is potentially capable of gaining both patent and copyright protection. In the area of mobile application development, preliminary research findings indicate that coding occurs with an agnostic attitude towards intellectual property laws (Cassar, 2014). One of the reasons is ambiguity on a multitude of issues around the protection of software because Indian legislation on patent and copyright is frustratingly insufficient. There is a growing discontentment about long-term patent protection over software code, which could be detrimental to innovation – particularly, to the start-up segment of software industry. In more technologically advanced economies, software patenting has emerged as a scourge – last year, the US Supreme Court in Alice Corporation Pty Ltd v. CLS Bank International Et Al narrowed the eligibility of software inventions to gain patent protection. The activist discourse has shifted in favor of eliminating software patenting because of the incremental and obsolescent nature of a software invention, inter alia (Lapowsky, 2015). However, in a recent disappointing move, the Indian patent office widened the scope of patent-eligible subject matter for software-related inventions – a move that was decried by free software activists and industry alike. This widening of scope can only benefit tech-giants in building bigger patent portfolios, which is unnecessary and unhealthy for innovation by small and mid-tier entities (Sinha, 2015).

Effective Innovation Systems

Innovation ensures fresh creation of knowledge. A society cannot premise itself on the mere importation of knowledge; it must also strive to use the knowledge to meet its own local needs and environment. Innovation depends on a variety of factors – there is no singular path or factor to build an innovative and enterprising society. The patent system is often incorrectly credited with “promoting” innovation. The discourse around innovation was extremely patent-centric until studies disproved the assumptive correlation between high patenting activity and innovation. Continuing in the same vein, Lea states, “From the A2K perspective, however, relying on patents – which represent the right to exclude others from access to the innovation – is particularly problematic. Patents likely represent the segment of innovation of least value for expanding access to knowledge: improvements in the knowledge stock whose application is limited by exclusive property rights” (Shaver, 2007).

In this framework, it is also important to shed light on the growing movement of openness. Openness as a movement has been captured by various fields - Big data, software, education, media, etc. Free and Open Source Software has emerged as a key agent in information technology policy-making in India, with the Indian government adopting an open standards policy and an open software policy for its own purposes.

In the context of smartphone technologies, preliminary findings also support the shift towards openness (Huang, 2014). Industry participants have observed that openness will lead to greater benefits in private production of hardware technologies. Similarly, mobile applications developers have also voiced support of open source software (Cassar, 2014).

Conclusion

The discussion above identified a limited set of legal and regulatory concerns affecting the state of production/deployment of smartphones in India. These issues and findings are backed by preliminary research, and purport to sustain the emergence of the smartphone as an enabler of access to knowledge. The proposed solutions direct industry and the government alike to take immediate steps to fix problems impeding pervasive access to this knowledge good.

The experience of the smartphone industry with an imprecise legal and regulatory environment, akin to piracy, has thus far been a success story of affordability, quality substitution, and innovation. However, this narrative is now threatened by messy litigation, jurisdictional uncertainties between the anti-trust regulator and judicial system, SEP licensing issues, rise of software patents, inter alia. Despite these issues, the industry continues to grow. The future of access to knowledge is therefore bright, provided that stakeholders make efforts to meet the needs of this emerging industry and the public, including development and consumer interests.

References / Links / Resources

Benkler, Y. (2006). The Wealth Of Networks: How Social Production Transforms Markets And Freedom. Retrieved from http://www.benkler.org/wealth_of_networks/index.php?title=Chapter_9%2C_section_3.
Cassar, S. (2014). Interviews with App Developers: Open Source, Community, and Contradictions – Part III. Retrieved from: http://cis-india.org/a2k/blogs/interviews-with-app-developers-open-sourcecommunity-and-contradictions-iii
Cassar, S. (2014) Ambiguity in the App Store: Understanding India’s emerging IT sector in light of IP. Retrieved from http://cis-india.org/a2k/blogs/ambiguity-in-the-app-store
Centre for Internet and Society, Pervasive Technologies: Access to Knowledge in the Marketplace(2012, September). Retrieved from http://cis-india.org/a2k/pervasive-technologies-research-proposal.pdf/view
Guynn, J. (2015, September 28). Facebook, Silicon Valley like Indian Prime Minister Narendra Modi. Retrieved from http://www.usatoday.com/story/tech/2015/09/27/narendra-modi-india-facebook-markzuckerberg-google-sundar-pichai-silicon-valley/72936544/
Huang, M. (2014). [Open] Innovation and Expertise > Patent Protection & Trolls in a Broken Patent Regime (Interviews with Semiconductor Industry - Part 3). Retrieved from: http://cis-india.org/a2k/blogs/ interviews-with-semi-conductor-industry-part-3
IAMAI (2015). An inquiry into India's app economy.
Kapczynski, A., Krikorian, G., (2010). Access to Knowledge in the Age of Intellectual Property. Retrieved from: https://mitpress.mit.edu/sites/default/files/titles/free_download/9781890951962_Access_to_ Knowledge_in_the_Age_of_Intellectual_Property.pdf
Lakshane, R. (2015, September). FAQ: CIS Proposal for Compulsory Licensing of Critical Mobile Technologies. Retrieved from: http://cis-india.org/a2k/blogs/faq-cis-proposal-for-compulsory-licensing-ofcritical-mobile-technologies
Lakshane, R. (2015, February). Open Letter to Prime Minister Modi. Retrieved from: http://cis-india.org/ a2k/blogs/open-letter-to-prime-minister-modi
Lapowsky, I. (2015, February). If You Want to Fix Software Patents, Eliminate Software Patents. Retrieved from https://www.eff.org/mention/follow-wired-twitter-facebook-rss-eff-if-you-want-fix-software-patentseliminate-software
Meeker, M. (2015). 2015 Internet Trends. Retrieved from http://www.kpcb.com/partner/mary-meeker
PTI (2015). Google aims to make India a hub for app development. Livemint. Retrieved from: http:// www.livemint.com/Industry/rwWUfp30YezONe0WnM1TIO/Google-aims-to-make-India-a-hub-for-appdevelopment.html
Qualcomm Enters Into CDMA Modem Card License Agreement with Seiko Instruments Incorporated. (n.d.). Retrieved November 13, 2015, from https://www.qualcomm.com/news/releases/2000/06/20/ qualcomm-enters-cdma-modem-card-license-agreement-seiko-instruments
Shapiro, C. (2001). Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard Setting. Innovation Policy and the Economy, 1, 119-150. Retrieved from: http://www.nber.org/chapters/c10778.pdf
Shaver, L. (2007). Defining and Measuring Access to Knowledge: Towards an A2K Index. Faculty Scholarship Series. Paper 22. retrieved from: http://digitalcommons.law.yale.edu/fss_papers/22
Sinha, A. (2015). Comments on the Guidelines for Examination of Computer Related Inventions (CRIs). Retrieved from http://cis-india.org/a2k/blogs/comments-on-the-guidelines-for-examination-of-computerrelated-inventions-cris
United Nations Development Programme, Human Development Report 2001: Making New Technologies Work for Human Development (2001). Retrieved from http://hdr.undp.org/reports/global/2001/en/
World Intellectual Property Organisation. (2010, Dec 1-2). Media Piracy in Emerging Economies: Price, Market Structure and Consumer Behavior. Retrieved from the WIPO website: http://www.wipo.int/edocs/ mdocs/enforcement/en/wipo_ace_6/wipo_ace_6_5.pdf

For more details visit https://cis-india.org/a2k/blogs/digital-asia-hub-the-good-life-in-asias-21-st-century-anubha-sinha-fueling-the-affordable-smartphone-revolution-in-india

From Taboo to Beautiful - Menstrupedia

denisse — 2015-10-24T14:25:59Z

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

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

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

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

What is menstruation?

It can be defined as:

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

And it looks something like this:

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

The Beauty of RED

My Periods: A Blessing or a Curse

By Naina Jha

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

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

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

Find it in Menstrupedia's blog.

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

Stigma as a Crisis

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

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

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

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

Why does it matter?

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

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

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

Here's where Menstrupedia comes in

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


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

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

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

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

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

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

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

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

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

Technology's role in the mix

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

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

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

And here's why it works

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

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

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

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

Red is my colour by Umang Saigal

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

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

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

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

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

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

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

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

Submission to the Menstrupedia blog

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

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

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

Gloria Steinem
[excerpt]

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

Making Change through Menstrupedia

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

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

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

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

Sources:

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

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

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

Footnotes

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

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

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

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

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

Framing the Digital AlterNatives

Nilofar Ansher — 2015-05-08T12:28:03Z

They effect social change through social media, place their communities on the global map, and share spiritual connections with the digital world - meet the everyday digital native.

The Everyday Digital Native video contest has got its pulse on what makes youths from diverse socio-cultural backgrounds connect with one another in the global community – it’s an affinity for digital technologies and Web 2.0-mediated platforms coupled with a drive to spearhead social change. The contest invited people from around the world to make a video that would answer the question, ‘Who is the Everyday Digital Native’? The final videos received more than ~~20,000~~ 3,000 votes from the public and our top five winners emerged from across three continents!

The Digital AlterNatives Featurette (PDF, 2847 KB) is a peek into the minds of digital natives as citizen activists. The 10 featured interviews of the Digital Natives video contest finalists don't fit the stereotype of the Globalized Digital Native: Young Geeks apathetic to 'Saving the Planet'. Rather, these are affirmative citizens, young, middle aged and senior, who consider digital technology as second nature for use in personal, professional or socio-political capacities.

The 'Digital Natives with a Cause?' is a collaborative research-inquiry between The Centre for Internet & Society, India and HIVOS Knowledge Programme, the Netherlands into the field of youth, change and technology in the context of the Global South. The three-year research project has resulted in the four-book collective, 'Digital AlterNatives with a Cause?' published in 2011. Read more about the project here

For more details visit https://cis-india.org/digital-natives/framing-the-digital-alternatives

Flaws in the UIDAI Process

hans — 2016-03-06T10:40:59Z

The accuracy of biometric identification depends on the chance of a false positive: the probability that the identifiers of two persons will match. Individuals whose identifiers match might be termed duplicands. When very many people are to be identified success can be measured by the (low) proportion of duplicands. The Government of India is engaged upon biometrically identifying the entire population of India. An experiment performed at an early stage of the programme has allowed us to estimate the chance of a false positive: and from that to estimate the proportion of duplicands. For the current population of 1.2 billion the expected proportion of duplicands is 1/121, a ratio which is far too high.

The article was published in Economic & Political Weekly, Journal » Vol. 51, Issue No. 9, 27 Feb, 2016.

A legal challenge is being mounted in the Supreme Court, currently, to the programme of biometric identification that the Unique Identification Authority of India (UIDAI) is engaged upon: an identification preliminary and a requisite to providing citizens with “Aadhaar numbers” that can serve them as “unique identiﬁers” in their transactions with the state. What follows will recount an assessment of their chances of success. We shall be using data that was available to the UIDAI and shall employ only elementary ways of calculation. It should be recorded immediately that an earlier technical paper by the author (Mathews 2013) has been of some use to the plaintiffs, and reference will be made to that in due course.

The Aadhaar numbers themselves may or may not derive, in some way, from the biometrics in question; the question is not material here. For our purposes a biometric is a numerical representation of some organic feature: like the iris or the retina, for instance, or the inside of a ﬁnger, or the hand taken whole even. We shall consider them in some more detail later. The UIDAI is using ﬁngerprints and iris images to generate a combination of biometrics for each individual. This paper bears on the accuracy of the composite biometric identiﬁer. How well those composites will distinguish between individuals can be assessed, actually, using the results of an experiment conducted by the UIDAI itself in the very early stages of its operation; and our contention is that, from those results themselves, the UIDAI should have been able to estimate how many individuals would have their biometric identiﬁers matching those of some other person, under the best of circumstances even, when any good part of population has been identiﬁed.

Read the full article here.

The author thanks Nico Temme of the Centrum Wiskunde & Informatica in The Netherlands for the bounds he derived on the chance of a false positive. He is particularly grateful to the anonymous referee of this journal who, through two rounds of comment, has very much improved the presentation of the results. A technical supplement to this paper is placed on the EPW website along with this paper.

For more details visit https://cis-india.org/internet-governance/blog/epw-27-february-2016-hans-varghese-mathews-flaws-in-uidai-process

Five Frequently Asked Questions about the Amended ITRs

chinmayi — 2013-01-30T05:36:26Z

This piece discusses the five major questions that have been the subject of debate after the World Conference on International Telecommunications 2012 (WCIT). The politics surrounding the WCIT are not discussed here but it must be kept in mind that they have played a significant role in the outcome of the conference and in some of the debates about it.

Each question is discussed with reference to the text of the treaty, to the minutes of the plenary sessions (which are available via the ITU website), a little international law and a few references to other people’s comments on the treaty.

1. Do the ITRs apply to content on the internet?

Article 1.1 (a) has been amended to add the sentence “These Regulations do not address the content-related aspects of telecommunications”. Although some discussions about the International Telecommunication Regulations (ITRs) and content have ignored this altogether, others seem concerned about its interpretation.

The ITU Secretary General has issued a statement in which he has clarified that “The new ITR treaty does NOT cover content issues and explicitly states in the first article that content-related issues are not covered by the treaty”.

Commentators like Chuan-Zheng Lee however, continue to view the treaty with suspicion, on the basis that it is necessary to examine content in order to tell whether it is spam (Lee and Chaparro differ on this question). However, others like Eric Pfanner have pointed to this paragraph in their skepticism about the US refusal to sign.

Some highlights from the plenary session discussions

The Chairman proposed the addition to Article 1.1(a) at the tenth plenary session. He did this to address concerns that the ITRs text could be interpreted to apply to content on the Internet. The original formulation that he proposed was ‘These regulations do not address and cannot be interpreted as addressing content’. This text was suggested in the middle of an extended discussion on Article 5A.

Many countries were skeptical of this insertion. Sudan argued that content could not be avoided in telecommunication networks “because it will always be in transit.” The United Arab Emirates seemed concerned about international interference in states’ existing regulation of content, and said “maybe we could actually say this in the minutes of the meeting that this regulation should not be interpreted as on alteration to Member States content regulation”.

Concerns about what the term ‘content’ means and whether it would apply broadly were raised by more than one country, including Saudi Arabia. For instance, it was argued that the text proposed by the Chairman might interfere with parts of the treaty that require operators to send tariff information correspondence. More than one country that felt that the insertion of this text would impact several parts of the treaty, and that it would be difficult to determine what amounted to dealing with content. The primary issue appeared to be that the term ‘content’ was not defined, and it therefore remained unclear what was being excluded. In response to these concerns, the Chairman withdrew his proposal for the amendment excluding content.

However, several states then spoke up in favour of the Chairman’s proposal, suggesting that the proposed amendment to Article 1.1 influenced their acceptance of Article 5A (on security and robustness of networks – discussed in detail below). Brazil suggested that an answer to the definitional concerns may be found in the work by Study Group 17, which had a definition available.

Following this, the next day, at the twelfth plenary, the Chairman brought back the Article 1.1 amendment excluding content. He stated explicitly that this amendment might be the way to get Articles 5A and 5B approved. The text he read out was insertion of the words “to the exclusion of their content”, after ‘’services’ at the end of 1.1A. Interestingly however, the term ‘content’ was never defined.

At the next plenary session, Iran raised the objection that this phrase was overbroad, and proposed the following formulation instead: “These Regulations do not address the content-related aspects of telecommunications”. This formulation found its way into the amended ITRs as the treaty stands today.

2. Does Article 5A on network security legitimize surveillance of Internet content?

Article 5A deals with ‘security and robustness of networks’ and requires member states to “individually and collectively endeavour to ensure the security and robustness of international telecommunication networks...”. This may have given rise to concerns about interpretations that may extend the security of networks to malware or viruses, and therefore to content on the Internet. However, Article 5A has to be read with Article 1.1(a), and therefore must be interpreted such that it does not ‘address the content-related aspects of telecommunications’.

Some commentators continue to see Article 5A as problematic. Avri Doria has argued that the use of the word ‘security’ in addition to ‘robustness’ of telecommunication infrastructure suggests that it means Internet security. However Emma Llansó of the Centre for Democracy and Technology has noted that the language used in this paragraph is “ far too vague to be interpreted as a requirement or even a recommendation that countries surveil users on their networks in order to maintain security”. Llansó has suggested that civil society advocates make it clear to countries which attempt to use this article to justify surveillance, that it does not lend itself to such practices.

Some highlights from the plenary session discussions

Article 5A was one of the most controversial parts of the ITRs and was the subject of much debate.

On December 11^th, in the Chairman’s draft that was being discussed, Article 5A was titled ‘security of networks’, and required members to endeavour to ensure the “security and robustness of international telecommunication networks”. The Chairman announced that this was the language that came out of Committee 5’s deliberations, and that ‘robustness’ was inserted at the suggestion of CEPT.

Several countries like Poland, Australia, Germany and the United States of America were keen on explicitly stating that Article 5A was confined to the physical or technical infrastructure, and either wanted a clarification that to this effect or use of the term ‘robustness’ instead of security. Many other countries, such as Russia and China, were strongly opposed to this suggestion and insisted that the term security must remain in the document (India was one of the countries that preferred to have the document use the term ‘security’).

It was in the course of this disagreement, during the tenth plenary session, that the Chairman suggested his global solution for Article 1.1 – a clarification that this would not apply to content. This solution was contested by several countries, withdrawn and then reinstated (in the eleventh plenary) after many countries explained that their assent to Article 5A was dependant on the existence of the Article 1 clarification about content (see above for details).

There was also some debate about whether Article 5A should use the term ‘robustness’ or the term ‘security’ (eg. The United States clarified that its preference was for the use of ‘resilience and robustness’ rather than security). The Secretary General referred to this disagreement, and said that he was therefore using both terms in the draft. The title of Article 5A was changed, in the eleventh plenary, to use both terms, instead of only referring to security.

3. Does Article 5B apply to spam content on the Internet?

The text of the amended treaty talks of ‘unsolicited bulk electronic communications’ and does not use the term ‘spam’[Article 5B says that ‘Members should endeavour to take necessary measures to prevent the propagation of unsolicited bulk electronic communications and minimize its impact on international telecommunication services’].If this phrase is read in isolation, it may certainly be interpreted as being applicable to spam. Commentators like Avri Doria have pointed to sources like Resolution 130 of the Plenipotentiary Conference of the International Telecommunication Union (Guadalajara, 2010) to demonstrate that ‘unsolicited bulk electronic communications’ ordinarily means spam. However, others like Enrique A. Chaparro argue that it cannot possibly extend to content on the Internet given the language used in Article 1.1(a). Chapparo has explained, that given the exclusion of content, Article 5B it authorizes anti-spam mechanisms that do not work on content.

Article 5B, which discusses ‘unsolicited bulk electronic communications’, must be read with Article 1, which is the section on purpose and scope of the ITRS. Article 1.1 (a) specifies that the ITRs “do not address the content-related aspects of telecommunications”. Therefore it may be argued that ‘unsolicited bulk electronic communications’ cannot be read as being applicable to content on the Internet.

However, many continue to be concerned about Article 5B’s applicability to spam on the Internet. Although some of them that their fear is that some states may interpret Article 5B as applying to content, despite the contents of Article 1.1(a), many have failed to engage with the issue in the context of Article 1.1(a).

Some highlights from the plenary session discussions

Article 5B is inextricably linked with the amendment to Article 1.1. Mexico asked specifically about what the proposed amendment to Article 1.1 would mean for Article 5B: “I’m referring to the item which we’ll deal with later, namely unsolicited bulk electronic communications. Could that be referred to as content, perhaps?”. The Chairman responded saying, “This is exactly will solve the second Article 5B, that we are not dealing with content here. We are dealing with measures to prevent propagation of unsolicited bulk electronic messages”.

The amendment to Article 1.1 was withdrawn soon after it was introduced. Before it was reintroduced, Sweden said (at the eleventh plenary) that it could not see how Article 5B could apply without looking into the content of messages. The United States agreed with this and went on state that the issue of spam was being addressed at the WTSA level, as well as by other organisations. It argued that the spam issue was better addressed at the technical level than by introducing it in treaty text.

The amendment excluding content was reintroduced during the twelfth plenary. The Chairman explicitly stated that it might be the way to get Articles 5A and 5B approved.

The word ‘spam’ was dropped from the ITRs in the eight plenary, and “unsolicited bulk electronic communications” was used instead. However, in the eleventh plenary, as they listed their reasons for not signing the newly-amended ITRs, Canada and the United States of America referred to ‘spam’ which suggests that they may have viewed the change as purely semantic.

4. Does the resolution on Internet Governance indicate that the ITU plans to take over the Internet?

Much controversy has arisen over the plenary resolution ‘to foster an enabling environment for the greater growth of the Internet’. This controversy has arisen partly thanks to the manner in which it was decided to include the resolution, and partly over the text of the resolution. The discussion here focuses on the text of the resolution and then describes the proceedings that have been (correctly) criticized.

The history of this resolution, as Wolfgang Kleinwächter has explained, is that it was part of a compromise to appease the countries which were taking positions on the ITU’s role in Internet governance, that were similar to the controversial Russian proposal. The controversial suggestions about Internet governance were excluded from the actual treaty and included instead in a non-binding resolution.

The text of the resolution instructs the Secretary General to “to continue to take the necessary steps for ITU to play an active and constructive role in the development of broadband and the multi-stakeholder model of the Internet as expressed in § 35 of the Tunis Agenda”. This paragraph is particularly controversial since of paragraph 35 of the Tunis Agenda says “Policy authority for Internet-related public policy issues is the sovereign right of States. They have rights and responsibilities for international Internet-related public policy issues.” Kleinwächter has pointed out that this selection leaves out later additions that have taken place with progression towards a multi-stakeholder model.

The resolution also resolves to invite member states to “to elaborate on their respective positions on international Internet-related technical, development and public-policy issues within the mandate of ITU at various ITU forums including, inter alia, the World Telecommunication/ICT Policy Forum, the Broadband Commission for Digital Development and ITU study groups”.

A little after its introduction, people began expressing concerns such as the Secretary General may treat the resolution as binding, While the language may raise cause for concern, it is important to note that resolutions of this nature are not binding and countries are free to opt out of them. Opinions vary about the intentions that have driven the inclusion of this resolution, and what it may mean for the future. However commentators like Milton Mueller have scoffed at these concerns, pointing out that the resolution is harmless and may have been a clever political maneuver to resolve the basic conflict haunting the WCIT, and that mere discussion of the Internet in the ITU harms no one.

Some highlights from the plenary session discussions

Egypt and Bulgaria suggested that the resolution refer to paragraph 55 of the Tunis agenda instead of paragraph 35, by inserted the following text “”Recognizing that the existing arrangements for Internet Governance have worked effectively to make the Internet the highly robust, dynamic and geographically diverse medium it is today, with the private sector taking the lead in day-to-day operations and with innovation and value creation at the edges.” The US was also quite insistent on this language (although it did also argue that this was the wrong forum to discuss these issues).

The Chairman was willing to include paragraph 55 in addition to paragraph 35 but Saudi Arabia objected to this inclusion. Finland suggested that the resolution should be removed since it was not supported by all the countries present and was therefore against the spirit of consensus. The Secretary General defended the resolution, suggesting both that it was harmless and that since it was a key component of the compromise, eliminating it would threaten the compromise. South Africa and Nigeria supported this stand.

It was during this debate that the procedural controversy arose. Late into the night, the Chairman said there was a long list of countries that wished to speak and said “I just wanted to have the feel of the room on who will accept the draft resolution”. He proceeded to have countries indicate whether they would accept the draft resolution or not, and then announced that the majority of the countries in the room were in favour of retaining the resolution. The resolution was then retained. Upon Spain’s raising the question, the Chairman clarified that this was not a vote. The next day, other countries raised the same question and the Chairman, while agreeing that the resolution was adopted on the basis of the ‘taking of temperature’ insisted that it was not a vote so much as an effort to see what majority of the countries wanted.

5. Does the human rights language used in the preamble, especially the part about states’ access to the Internet, threaten the Internet in any way?

The preamble says “Member States affirm their commitment to implement these Regulations in a manner that respects and upholds their human rights obligations”, and “These Regulations recognize the right of access of Member States to international telecommunication services”. The text of the preamble can be used as an interpretation aid since it is recognized as providing context to, and detailing the object and purpose of, a treaty. However if the meaning resulting from this appears to be ambiguous, obscure, absurd or unreasonable, then supplementary means such as the preparatory work for the treaty and the circumstances for its conclusion may also be taken into account.

Therefore anyone who is concerned about the impact of the text inserted in the preamble must (a) identify text within the main treaty that could be interpreted in an undesirable manner using the text in the preamble; and (b) consider preparatory work for the treaty and see whether it supports this worrying interpretation. For example, if there were concerns about countries choosing to interpret the term ‘human rights’ as subordinating political rights to economic rights, it would be important to take note of the Secretary General’s emphasis on the UDHR being applicable to all member states.

Initially, only the first insertion about ‘human rights obligations’ was part of the draft treaty. The second insertion, recognizing states’ rights followed after the discussion about human rights language. Some states argued that it was inconsistent to place human rights obligations on states towards their citizens, but to leave out their cross-border obligations. It was immediately after this text was voted into the draft, that the United States, the United Kingdom and other countries refused to sign the ITRs. This particular insertion is phrased as a right of states rather than that of individuals or citizens, which does not align with the language of international human rights. While it may not be strictly accurate to say that human rights have traditionally been individual centric (since collective rights are also recognized in certain contexts), it is certainly very unusual to treat the rights of states or governments as human rights.

Some highlights from the plenary session discussions

The United States of America and the Netherlands wanted to include language to state explicitly that states’ international human rights obligations are not altered in anyway. This was to clarify that the inclusion of human rights language was not setting the ITU up as a forum in which human rights obligations are debated. Malaysia objected to the use of human rights language in the preamble right at the outset, on the grounds that the ITRs are the wrong place for this, and that the right place is the ITU Constitution. It even pointed to the fact that jurisprudence is ever-evolving, to suggest that the meaning of human rights obligations might change over time. These were the two major perspectives offered towards the beginning of the discussion.

The Chairman underlined the fact that the Universal Declaration of Human Rights is already applicable to all UN countries. He argued that reflection of these principles in the ITRs would help build universal public faith in the conference.

The first traces of the states’ access rights can be seen in Cuba’s intervention at the ninth plenary – Cuba argued that limiting states’ access to public information networks amounted to infringement of human rights. At the fourteenth plenary, Nigeria proposed on behalf of the African group that the following text be added to the preamble “And recognize the right of access of all Member States to international telecommunication networks and services." Countries like China which had been ambivalent about the human rights language in the preamble, were happy with this move away from an individual-centric understanding of human rights, to one that sees states as representative of people.

The United States was express in its dissent, and said “human rights obligations go to the individual”. Sweden was also not happy with the proposal and argued that it moved away from well-established human rights language that affirmed existing commitments to drafting new human rights language.

It was an amended version of the African group proposal that finally found its way into the preamble. It was supported by many countries such as China, Nigeria and Sudan, who took the position that group rights are included within human rights, and that governments represent their citizens and therefore have rights on their behalf. This position was strenuously disputed by states like the USA, Switzerland, United Kingdom and Canada.

For more details visit https://cis-india.org/internet-governance/blog/five-faqs-on-amended-itrs

FinTech in India: A Study of Privacy and Security Commitments

Aayush Rathi and Shweta Mohandas — 2019-05-02T11:20:30Z

The unprecedented growth of the fintech space in India has concomitantly come with regulatory challenges around inter alia privacy and security concerns. This report studies the privacy policies of 48 fintech companies operating in India to better understand some of these concerns.

Access the full report: Download (PDF)

The report by Aayush Rathi and Shweta Mohandas was edited by Elonnai Hickok. Privacy policy testing was done by Anupriya Nair and visualisations were done by Saumyaa Naidu. The project is supported by the William and Flora Hewlett Foundation.

In India, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (subsequently referred to as SPD/I Rules) framed under the Information Technology Act, 2000 make privacy policies a ubiquitous feature of websites and mobile applications of firms operating in India. Privacy policies are drafted in order to allow consumers to make an informed choice about the privacy commitments being made vis-à-vis their information, and is often the sole document that lays down a companies’ privacy and security practices.In India, the Information Technology (Reasonable Security Practices andProcedures and Sensitive Personal Data or Information) Rules, 2011 (subsequently referred to as SPD/I Rules) framed under the Information Technology Act, 2000 make privacy policies a ubiquitous feature of websites and mobile applications of firms operating in India. Privacy policies are drafted in order to allow consumers to make an informed choice about the privacy commitments being made vis-à-vis their information, and is often the sole document that lays down a companies’ privacy and security practices.

The objective of this study is to understand privacy commitments undertaken by fintech companies operating in India as documented in their public facing privacy policies. This exercise will be useful to understand what standards of privacy and security protection fintech companies are committing to via their organisational privacy policies. The research will do so by aiming to understand the alignment of the privacy policies with the requirements mandated under the SPD/I Rules. Contingent on the learnings from this exercise, trends observed in fintech companies’ privacy and security commitments will be culled out.

For more details visit https://cis-india.org/internet-governance/blog/aayush-rathi-and-shweta-mohandas-april-30-2019-fintech-in-india-a-study-of-privacy-and-security-commitments

FinFisher in India and the Myth of Harmless Metadata

maria — 2013-08-13T11:30:15Z

In this article, Maria Xynou argues that metadata is anything but harmless, especially since FinFisher — one of the world's most controversial types of spyware — uses metadata to target individuals.

In light of PRISM, the Central Monitoring System (CMS) and other such surveillance projects in India and around the world, the question of whether the collection of metadata is “harmless” has arisen.[1] In order to examine this question, FinFisher[2] — surveillance spyware — has been chosen as a case study to briefly examine to what extent the collection and surveillance of metadata can potentially violate the right to privacy and other human rights. FinFisher has been selected as a case study not only because its servers have been recently found in India[3] but also because its “remote monitoring solutions” appear to be very pervasive even on the mere grounds of metadata.

FinFisher in India

FinFisher is spyware which has the ability to take control of target computers and capture even encrypted data and communications. The software is designed to evade detection by anti-virus software and has versions which work on mobile phones of all major brands.[4] In many cases, the surveillance suite is installed after the target accepts installation of a fake update to commonly used software.[5] Citizen Lab researchers have found three samples of FinSpy that masquerades as Firefox.[6]

FinFisher is a line of remote intrusion and surveillance software developed by Munich-based Gamma International. FinFisher products are sold exclusively to law enforcement and intelligence agencies by the UK-based Gamma Group.[7] A few months ago, it was reported that command and control servers for FinSpy backdoors, part of Gamma International´s FinFisher “remote monitoring solutions”, were found in a total of 25 countries, including India.[8]

The following map, published by the Citizen Lab, shows the 25 countries in which FinFisher servers have been found.[9]


The above map shows the results of scanning for characteristics of FinFisher command and control servers.

FinFisher spyware was not found in the countries coloured blue, while the colour green is used for countries not responding. The countries using FinFisher range from shades of orange to shades of red, with the lightest shade of orange ranging to the darkest shade of red on a scale of 1-6, and with 1 representing the least active servers and 6 representing the most active servers in regards to the use of FinFisher. On a scale of 1-6, India is marked a 3 in terms of actively using FinFisher.[10]

Research published by the Citizen Lab reveals that FinSpy servers were recently found in India, which indicates that Indian law enforcement agencies may have bought this spyware from Gamma Group and might be using it to target individuals in India.[11] According to the Citizen Lab, FinSpy servers in India have been detected through the HostGator operator and the first digits of the IP address are: 119.18.xxx.xxx. Releasing complete IP addresses in the past has not proven useful, as the servers are quickly shut down and relocated, which is why only the first two octets of the IP address are revealed.[12]

The Citizen Lab's research reveals that FinFisher “remote monitoring solutions” were found in India, which, according to Gamma Group's brochures, include the following:

FinSpy: hardware or software which monitors targets that regularly change location, use encrypted and anonymous communications channels and reside in foreign countries. FinSpy can remotely monitor computers and encrypted communications, regardless of where in the world the target is based. FinSpy is capable of bypassing 40 regularly tested antivirus systems, of monitoring the calls, chats, file transfers, videos and contact lists on Skype, of conducting live surveillance through a webcam and microphone, of silently extracting files from a hard disk, and of conducting a live remote forensics on target systems. FinSpy is hidden from the public through anonymous proxies.[13]

FinSpy Mobile: hardware or software which remotely monitors mobile phones. FinSpy Mobile enables the interception of mobile communications in areas without a network, and offers access to encrypted communications, as well as to data stored on the devices that is not transmitted. Some key features of FinSpy Mobile include the recording of common communications like voice calls, SMS/MMS and emails, the live surveillance through silent calls, the download of files, the country tracing of targets and the full recording of all BlackBerry Messenger communications. FinSpy Mobile is hidden from the public through anonymous proxies.[14]

FinFly USB: hardware which is inserted into a computer and which can automatically install the configured software with little or no user-interaction and does not require IT-trained agents when being used in operations. The FinFly USB can be used against multiple systems before being returned to the headquarters and its functionality can be concealed by placing regular files like music, video and office documents on the device. As the hardware is a common, non-suspicious USB device, it can also be used to infect a target system even if it is switched off.[15]

FinFly LAN: software which can deploy a remote monitoring solution on a target system in a local area network (LAN). Some of the major challenges law enforcement faces are mobile targets, as well as targets who do not open any infected files that have been sent via email to their accounts. FinFly LAN is not only able to deploy a remote monitoring solution on a target´s system in local area networks, but it is also able to infect files that are downloaded by the target, by sending fake software updates for popular software or to infect the target by injecting the payload into visited websites. Some key features of the FinFly LAN include: discovering all computer systems connected to LANs, working in both wired and wireless networks, and remotely installing monitoring solutions through websites visited by the target. FinFly LAN has been used in public hotspots, such as coffee shops, and in the hotels of targets.[16]

FinFly Web: software which can deploy remote monitoring solutions on a target system through websites. FinFly Web is designed to provide remote and covert infection of a target system by using a wide range of web-based attacks. FinFly Web provides a point-and-click interface, enabling the agent to easily create a custom infection code according to selected modules. It provides fully-customizable web modules, it can be covertly installed into every website and it can install the remote monitoring system even if only the email address is known.[17]

FinFly ISP: hardware or software which deploys a remote monitoring solution on a target system through an ISP network. FinFly ISP can be installed inside the Internet Service Provider Network, it can handle all common protocols and it can select targets based on their IP address or Radius Logon Name. Furthermore, it can hide remote monitoring solutions in downloads by targets, it can inject remote monitoring solutions as software updates and it can remotely install monitoring solutions through websites visited by the target.[18]

Although FinFisher is supposed to be used for “lawful interception”, it has gained notoriety for targeting human rights activists.[19] According to Morgan Marquis-Boire, a security researcher and technical advisor at the Munk School and a security engineer at Google, FinSpy has been used in Ethiopia to target an opposition group called Ginbot.[20] Researchers have argued that FinFisher has been sold to Bahrain's government to target activists, and such allegations were based on an examination of malicious software which was emailed to Bahraini activists.[21] Privacy International has argued that FinFisher has been deployed in Turkmenistan, possibly to target activists and political dissidents.[22]

Many questions revolving around the use of FinFisher and its “remote monitoring solutions” remain vague, as there is currently inadquate proof of whether this spyware is being used to target individuals by law enforcement agencies in the countries where command and control servers have been found, such as India.[23] However, FinFisher's brochures which were circulated in the ISS world trade shows and leaked by WikiLeaks do reveal some confirmed facts: Gamma International claims that its FinFisher products are capable of taking control of target computers, of capturing encrypted data and of evading mainstream anti-virus software.[24] Such products are exhibited in the world's largest surveillance trade show and probably sold to law enforcement agencies around the world.[25] This alone unveils a concerning fact: spyware which is so sofisticated that it even evades encryption and anti-virus software is currently in the market and law enforcement agencies can potentially use it to target activists and anyone who does not comply with social conventions.[26] A few months ago, two Indian women were arrested after having questioned the shutdown of Mumbai for Shiv Sena patriarch Bal Thackeray's funeral.[27] Thus, it remains unclear what type of behaviour is targeted by law enforcement agencies and whether spyware, such as FinFisher, would be used in India to track individuals without a legally specified purpose.

Furthermore, India lacks privacy legislation which could safeguard individuals from potential abuse, while sections 66A and 69 of the Information Technology (Amendment) Act, 2008, empower Indian authorities with extensive surveillance capabilites.[28] While it remains unclear if Indian law enforcement agencies are using FinFisher spy products to unlawfully target individuals, it is a fact that FinFisher control and command servers have been found in India and that, if used, they could potentially have severe consequences on individuals' right to privacy and other human rights.[29]

The Myth of Harmless Metadata

Over the last months, it has been reported that the Central Monitoring System (CMS) is being implemented in India, through which all telecommunications and Internet communications in the country are being centrally intercepted by Indian authorities. This mass surveillance of communications in India is enabled by the omission of privacy legislation and Indian authorities are currently capturing the metadata of communications.[30]

Last month, Edward Snowden leaked confidential U.S documents on PRISM, the top-secret National Security Agency (NSA) surveillance programme that collects metadata through telecommunications and Intenet communications. It has been reported that through PRISM, the NSA has tapped into the servers of nine leading Internet companies: Microsoft, Google, Yahoo, Skype, Facebook, YouTube, PalTalk, AOL and Apple.[31] While the extent to which the NSA is actually tapping into these servers remains unclear, it is certain that the NSA has collected metadata on a global level.[32] Yet, the question of whether the collection of metadata is “harmful” remains ambiguous.

According to the National Information Standards Organization (NISO), the term “metadata” is defined as “structured information that describes, explains, locates or otherwise makes it easier to retrieve, use or manage an information resource”. NISO claims that metadata is “data about data” or “information about information”.[33] Furthermore, metadata is considered valuable due to its following functions:

Resource discovery
Organizing electronic resources
Interoperability
Digital Identification
Archiving and preservation

Metadata can be used to find resources by relevant criteria, to identify resources, to bring similar resources together, to distinguish dissimilar resources and to give location information. Electronic resources can be organized through the use of various software tools which can automatically extract and reformat information for Web applications. Interoperability is promoted through metadata, as describing a resource with metadata allows it to be understood by both humans and machines, which means that data can automatically be processed more effectively. Digital identification is enabled through metadata, as most metadata schemes include standard numbers for unique identification. Moreover, metadata enables the archival and preservation of large volumes of digital data.[34]

Surveillance projects, such as PRISM and India's CMS, collect large volumes of metadata, which include the numbers of both parties on a call, location data, call duration, unique identifiers, the International Mobile Subscriber Identity (IMSI) number, email addresses, IP addresses and browsed webpages.[35] However, the fact that such surveillance projects may not have access to content data might potentially create a false sense of security.[36] When Microsoft released its report on data requests by law enforcement agencies around the world in March 2013, it revealed that most of the disclosed data was metadata, while relatively very little content data was allegedly disclosed.[37]

imilarily, Google's transparency report reveals that the company disclosed large volumes of metadata to law enforcement agencies, while restricting its disclosure of content data.[38]

Such reports may potentially provide a sense of security to the public, as they reassure that the content of personal emails, for example, has not been shared with the government, but merely email addresses – which might be publicly available online anyway. However, is content data actually more “harmful” than metadata? Is metadata “harmless”? How much data does metadata actually reveal?

The Guardian recently published an article which includes an example of how individuals can be tracked through their metadata. In particular, the example explains how an individual is tracked – despite using an anonymous email account – by logging in from various hotels' public Wi-Fi and by leaving trails of metadata that include times and locations. This example illustrates how an individual can be tracked through metadata alone, even when anonymous accounts are being used.[39]

Wired published an article which states that metadata can potentially be more harmful than content data because “unlike our words, metadata doesn't lie”. In particular, content data shows what an individual says – which may be true or false – whereas metadata includes what an individual does. While the validity of the content within an email may potentially be debateable, it is undeniable that an individual logged into specific websites – if that is what that individuals' IP address shows. Metadata, such as the browsing habits of an individual, may potentially provide a more thorough and accurate profile of an individual than that individuals' email content, which is why metadata can potentially be more harmful than content data.[40]

Furthermore, voice content is hard to process and written content in an email or chat communication may not always be valid. Metadata, on the other hand, provides concrete patterns of an individuals' behaviour, interests and interactions. For example, metadata can potentially map out an individuals' political affiliation, interests, economic background, institution, location, habits and the people that individual interacts with. Such data can potentially be more valuable than content data, because while the validity of email content is debateable, metadata usually provides undeniable facts. Not only is metadata more accurate than content data, but it is also ideally suited to automated analysis by a computer. As most metadata includes numeric figures, it can easily be analysed by data mining software, whereas content data is more complicated.[41]

FinFisher products, such as FinFly LAN, FinFly Web and FinFly ISP, provide solid proof that the collection of metadata can potentially be “harmful”. In particular, FinFly LAN can be deployed in a target system in a local area network (LAN) by infecting files that are downloaded by the target, by sending fake software updates for popular software or by infecting the payload into visited websites. The fact that FinFly LAN can remotely install monitoring solutions through websites visited by the target indicates that metadata alone can be used to acquire other sensitive data.[42]

FinFly Web can deploy remote monitoring solutions on a target system through websites. Additionally, FinFly Web can be covertly installed into every website and it can install the remote monitoring system even if only the email address is known.[43] FinFly ISP can select targets based on their IP address or Radius Logon Name. Furthermore, FinFly ISP can remotely install monitoring solutions through websites visited by the target, as well as inject remote monitoring solutions as software updates.[44] In other words, FinFisher products, such as FinFly LAN, FinFly Web and FinFly ISP, can target individuals, take control of their computers and their data, and capture even encrypted data and communications with the help of metadata alone.

The example of FinFisher products illustrates that metadata can potentially be as “harmful” as content data, if acquired unlawfully and without individual consent.[45] Thus, surveillance schemes, such as PRISM and India's CMS, which capture metadata without individuals' consent can potentially pose a major threat to the right to privacy and other human rights.[46] Privacy can be defined as the claim of individuals, groups or institutions to determine when, how and to what extent information about them is communicated to others.[47] Furthermore, privacy is at the core of human rights because it protects individuals from abuse by those in power.[48] The unlawful collection of metadata exposes individuals to the potential violation of their human rights, as it is not transparent who has access to their data, whether it is being shared with third parties or for how long it is being retained.

It is not clear if Indian law enforcement agencies are actually using FinFisher products, but the Citizen Lab did find FinFisher command and control servers in the country which indicates that there is a high probability that such spyware is being used.[49] This probability is highly concerning not only because the specific spy products have such advanced capabilities that they are even capable of capturing encrypted data, but also because India currently lacks privacy legislation which could safeguard individuals.

Thus, it is recommended that Indian law enforcement agencies are transparent and accountable if they are using spyware which can potentially breach their citizens' human rights and that privacy legislation is enacted into law. Lastly, it is recommended that all surveillance technologies are strictly regulated with regards to the protection of human rights and that Indian authorities adopt the principles on communication surveillance formulated by the Electronic Frontier Foundation and Privacy International.[50] The above could provide a decisive first step in ensuring that India is the democracy it claims to be.

[1]. Robert Anderson (2013), “Wondering What Harmless 'Metadata' Can Actually Reveal? Using Own Data, German Politician Shows Us”, The CSIA Foundation, http://bit.ly/1cIhu7G

[2]. Gamma Group, FinFisher IT Intrusion, http://bit.ly/fnkGF3

[3]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, “You Only Click Twice: FinFisher's Global Proliferation”, The Citizen Lab, 13 March 2013, http://bit.ly/YmeB7I

[4]. Michael Lewis, “FinFisher Surveillance Spyware Spreads to Smartphones”, The Star: Business, 30 August 2012, http://bit.ly/14sF2IQ

[5]. Marcel Rosenbach, “Troublesome Trojans: Firm Sought to Install Spyware Via Faked iTunes Updates”, Der Spiegel, 22 November 2011, http://bit.ly/14sETVV

[6]. Intercept Review, Mozilla to Gamma: stop disguising your FinSpy as Firefox, 02 May 2013, http://bit.ly/131aakT

[7]. Intercept Review, LI Companies Review (3) – Gamma, 05 April 2012, http://bit.ly/Hof9CL

[8]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, For Their Eyes Only: The Commercialization of Digital Spying, Citizen Lab and Canada Centre for Global Security Studies, Munk School of Global Affairs, University of Toronto, 01 May 2013, http://bit.ly/ZVVnrb

[9]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, “You Only Click Twice: FinFisher's Global Proliferation”, The Citizen Lab, 13 March 2013, http://bit.ly/YmeB7I

[10]. Ibid.

[11]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, For Their Eyes Only: The Commercialization of Digital Spying, Citizen Lab and Canada Centre for Global Security Studies, Munk School of Global Affairs, University of Toronto, 01 May 2013, http://bit.ly/ZVVnrb

[12]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, “You Only Click Twice: FinFisher's Global Proliferation”, The Citizen Lab, 13 March 2013, http://bit.ly/YmeB7I

[13]. Gamma Group, FinFisher IT Intrusion, FinSpy: Remote Monitoring & Infection Solutions, WikiLeaks: The Spy Files, http://bit.ly/zaknq5

[14]. Gamma Group, FinFisher IT Intrusion, FinSpy Mobile: Remote Monitoring & Infection Solutions, WikiLeaks: The Spy Files, http://bit.ly/19pPObx

[15]. Gamma Group, FinFisher IT Intrusion, FinFly USB: Remote Monitoring & Infection Solutions, WikiLeaks: The Spy Files, http://bit.ly/1cJSu4h

[16]. Gamma Group, FinFisher IT Intrusion, FinFly LAN: Remote Monitoring & Infection Solutions, WikiLeaks: The Spy Files, http://bit.ly/14J70Hi

[17]. Gamma Group, FinFisher IT Intrusion, FinFly Web: Remote Monitoring & Intrusion Solutions, WikiLeaks: The Spy Files, http://bit.ly/19fn9m0

[18]. Gamma Group, FinFisher IT Intrusion, FinFly ISP: Remote Monitoring & Intrusion Solutions, WikiLeaks: The Spy Files, http://bit.ly/13gMblF

[19]. Gerry Smith, “FinSpy Software Used To Surveil Activists Around The World, Reports Says”, The Huffington Post, 13 March 2013, http://huff.to/YmmhXI

[20]. Jeremy Kirk, “FinFisher Spyware seen Targeting Victims in Vietnam, Ethiopia”, Computerworld: IDG News, 14 March 2013, http://bit.ly/14J8BwW

[21]. Reporters without Borders: For Freedom of Information (2012), The Enemies of the Internet: Special Edition: Surveillance, http://bit.ly/10FoTnq

[22]. Privacy International, FinFisher Report, http://bit.ly/QlxYL0

[23]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, “You Only Click Twice: FinFisher's Global Proliferation”, The Citizen Lab, 13 March 2013, http://bit.ly/YmeB7I

[24]. Gamma Group, FinFisher IT Intrusion, FinSpy: Remote Monitoring & Infection Solutions, WikiLeaks: The Spy Files, http://bit.ly/zaknq5

[25]. Adi Robertson, “Paranoia Thrives at the ISS World Cybersurveillance Trade Show”, The Verge, 28 December 2011, http://bit.ly/tZvFhw

[26]. Gerry Smith, “FinSpy Software Used To Surveil Activists Around The World, Reports Says”, The Huffington Post, 13 March 2013, http://huff.to/YmmhXI

[27]. BBC News, “India arrests over Facebook post criticising Mumbai shutdown”, 19 November 2012, http://bbc.in/WoSXkA

[28]. Indian Ministry of Law, Justice and Company Affairs, The Information Technology (Amendment) Act, 2008, http://bit.ly/19pOO7t

[29]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, For Their Eyes Only: The Commercialization of Digital Spying, Citizen Lab and Canada Centre for Global Security Studies, Munk School of Global Affairs, University of Toronto, 01 May 2013, http://bit.ly/ZVVnrb

[30]. Phil Muncaster, “India introduces Central Monitoring System”, The Register, 08 May 2013, http://bit.ly/ZOvxpP

[31]. Glenn Greenwald & Ewen MacAskill, “NSA PRISM program taps in to user data of Apple, Google and others”, The Guardian, 07 June 2013, http://bit.ly/1baaUGj

[32]. BBC News, “Google, Facebook and Microsoft seek data request transparency”, 12 June 2013, http://bbc.in/14UZCCm

[33]. National Information Standards Organization (2004), Understanding Metadata, NISO Press, http://bit.ly/LCSbZ

[34]. Ibid.

[35]. The Hindu, “In the dark about 'India's PRISM'”, 16 June 2013, http://bit.ly/1bJCXg3 ; Glenn Greenwald, “NSA collecting phone records of millions of Verizon customers daily”, The Guardian, 06 June 2013, http://bit.ly/16L89yo

[36]. Robert Anderson, “Wondering What Harmless 'Metadata' Can Actually Reveal? Using Own Data, German Politician Shows Us”, The CSIA Foundation, 01 July 2013, http://bit.ly/1cIhu7G

[37]. Microsoft: Corporate Citizenship, 2012 Law Enforcement Requests Report,http://bit.ly/Xs2y6D

[38]. Google, Transparency Report, http://bit.ly/14J7hKp

[39]. Guardian US Interactive Team, A Guardian Guide to your Metadata, The Guardian, 12 June 2013, http://bit.ly/ZJLkpy

[40]. Matt Blaze, “Phew, NSA is Just Collecting Metadata. (You Should Still Worry)”, Wired, 19 June 2013, http://bit.ly/1bVyTJF

[41]. Ibid.

[42]. Gamma Group, FinFisher IT Intrusion, FinFly LAN: Remote Monitoring & Infection Solutions, WikiLeaks: The Spy Files, http://bit.ly/14J70Hi

[43]. Gamma Group, FinFisher IT Intrusion, FinFly Web: Remote Monitoring & Intrusion Solutions, WikiLeaks: The Spy Files, http://bit.ly/19fn9m0

[44]. Gamma Group, FinFisher IT Intrusion, FinFly ISP: Remote Monitoring & Intrusion Solutions, WikiLeaks: The Spy Files, http://bit.ly/13gMblF

[45]. Robert Anderson, “Wondering What Harmless 'Metadata' Can Actually Reveal? Using Own Data, German Politician Shows Us”, The CSIA Foundation, 01 July 2013, http://bit.ly/1cIhu7G

[46]. Shalini Singh, “India's surveillance project may be as lethal as PRISM”, The Hindu, 21 June 2013, http://bit.ly/15oa05N

[47]. Cyberspace Law and Policy Centre, Privacy, http://bit.ly/14J5u7W

[48]. Bruce Schneier, “Privacy and Power”, Schneier on Security, 11 March 2008, http://bit.ly/i2I6Ez

[49]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, For Their Eyes Only: The Commercialization of Digital Spying, Citizen Lab and Canada Centre for Global Security Studies, Munk School of Global Affairs, University of Toronto, 01 May 2013, http://bit.ly/ZVVnrb

[50]. Elonnai Hickok, “Draft International Principles on Communications Surveillance and Human Rights”, The Centre for Internet and Society, 16 January 2013, http://bit.ly/XCsk9b

For more details visit https://cis-india.org/internet-governance/blog/fin-fisher-in-india-and-myth-of-harmless-metadata

Fill The Gap: Global Discussion on Digital Natives

nishant — 2010-01-22T10:54:13Z

More often than not people don't understand the new practices inspired by Internet and digital technologies. As such a series of accusations have been leveled against the Digital Natives. Educators, policy makers, scholars, and parents have all raised their worries without hearing out from the people they are concerned about. Hivos has initiated an online global discussion about Digital Natives. So, to voice your opinion, start tweeting with us now #DigitalNatives.

If you cannot attend Fill The Gap, you can also join us in a global discussion on some of the issues being discussed at #DigitalNatives

1. Are you an apolitical consumer, or do you have ambitions?

http://www.tweetworks.com/groups/view/DigitalNatives

2. Are you a little prince or princess, who only wants to talk to like minded people or are you different?

http://www.tweetworks.com/groups/view/DigitalNativesPrincess

3. Is Wikipedia your bible or do you really know something?

http://www.tweetworks.com/groups/view/DigitalNativesWiki

4. Are you a digital dinosaur? They say you don’t know anything about ICT!

http://www.tweetworks.com/groups/view/DigitalDinosaur

5. Why use the Internet, why don’t you march the streets?

http://www.tweetworks.com/groups/view/DigitalNativesProtest

6. Plans to change the world? What do you need?

http://www.tweetworks.com/groups/view/DigitalNativesChanceTheWorld

If you are in Amsterdam, here is the information you will need to attend the event:

Fill the Gap! - 7

R U Online?

Date: 15 January 2010

Time: 12.30 until 17.00 hour

Location: Het Sieraad, Postjesweg 1, Amsterdam

The seventh edition of Fill the Gap! is all about the power of youth and IT in developing countries. How can their skills be strengthened and put to use for a better world? Hivos, apart from cohosting the event, will be involving digital natives to hear their stories about ICT and engagement.

An Open Space event on the potential of new (mobile) media and youth in developing countries. For everyone in politics, the profit and the non-profit sectors who is interested in ICT and international development cooperation.

The use of new (mobile) technology is the most natural thing in the world for the youth of today.

Shaped by the digital era and at ease with creativeity, these innovators use new media to change the world. Just think of the Twitter revolution in Iran. What can the international development sector learn from this? How could international development cooperation use the potential power of youth to tackle development problems?

The seventh edition of Fill the Gap! is all about the power of youth and IT in developing countries. How can their skills be strengthened and put to use for a better world? The kick-off will be hosted by Jennifer Corriero, co-founder of Taking IT Global: the international platform for youth and the use of new media for a better world. Then the floor is open to discuss your own ideas with people from new media, the business world and the international development sector during the Open Space sessions. Join in: come to Amsterdam on Friday January 15th and be inspired during Fill the Gap!

Registration is free. The programme is in English.

» Fill the Gap

For more details visit https://cis-india.org/research/grants/digital-natives-with-a-cause/dntweet

FAQ on the Aadhaar Project and the Bill

Elonnai Hickok, Vanya Rakesh, and Vipul Kharbanda — 2016-04-13T14:06:43Z

This FAQ attempts to address the key questions regarding the Aadhaar/UIDAI project and the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016 (henceforth, Bill). This is neither a comprehensive list of questions, nor does it contain fully developed answers. We will continue to add questions to this list, and edit/expand the answers, based on our ongoing research. We will be grateful to receive your comments, criticisms, evidences, edits, suggestions for new answers, and any other responses. These can either be shared as comments in the document hosted on Google Drive, or via tweets sent to the information policy team at @CIS_InfoPolicy.

To comment on and/or download the file, click here.

For more details visit https://cis-india.org/internet-governance/blog/aadhaar-project-and-bill-faq

Fallacies, Lies, and Video Pirates

pranesh — 2011-08-04T04:43:08Z

At a recent conference on counterfeiting and piracy, industry representatives variously pushed for stiffer laws for IP violation, more stringent enforcement of existing IP laws, and championed IP as the most important thing for businesses today. This blog post tries to show how their arguments are flawed.

The Confederation of Indian Industry (CII) organized its third annual conference on counterfeiting and piracy, with support from the United States Embassy and the Quality Brands Protection Committee of China (a body comprising more than 80 multinational companies). Last week we criticised the conference in an open letter. This week, we examine a few of the recurring themes that came up at the conference.

Something being substandard is not the same as something being counterfeit.

This was a mistake made by many whenever they invoked 'counterfeit' in the sense of something that is violative of one's patent and trademark rights. The Indian Drugs and Cosmetics Act itself distinguishes between 'misbranded', 'adulterated', and 'spurious' drugs, thus recognizing that something that is made without proper authorization from rights owners isn't necessarily of a bad quality. Indeed, this was substantiated by an audience member, a lawyer from Dr. Reddy's Lab. She spoke of a mandi in Agra where they seized medicines being sold under the Dr. Reddy's name, but produced by local manufacturers. Upon lab testing, it turned out, much to their surprise, that the medicines were of the highest quality and were not substandard. Similarly, many large companies including trusted FMCG companies like Hindustan Unilever and ITC are upbraided by authorities for violations of the Drugs and Cosmetics Act (for the cosmetics they produce) as well as the Prevention of Food Adulteration Act. Thus, even legitimate businesses can produce substandard products. Thus, a product can be unauthorized but not substandard, just as a product can be substandard but not counterfeit.

This distinction becomes very important when we talk about patents, and especially drug patents. A generic drug is by definition identical or within an acceptable bio-equivalent range to the brand name counterpart with respect to pharmacokinetic and pharmacodynamic properties. Thus, this entire category of high-quality drugs is often sought to be made illegal or counterfeit by large pharma companies. Some countries like Kenya have capitulated. But so far the World Health Assembly has been forced by developing countries to keep the issue of substandard medicines separate from patent-bypassing medicines.

The industry, for all their talk about "out of the box" thinking on the issue, still only consider metrics such the number of piracy raids conducted as measures of success. A question was put forth by Manisha Shridhar of the Intellectual Property & Trade Unit of the World Health Organization upon learning of the quality of the drugs seized at the Agra mandi: Why not cut a licensing deal with those manufacturers, who obviously have excellent production facilities? That kind of thinking, which helped HMV in India in the 1980s, and copying innovative features from video pirates and pricing their products competitively has helped an Indian company, Moserbaer, do extremely well.

Counterfeiters and pirates are not always seeking to fool consumers.

Only lawyers hired by the industry would think that a consumer aspiring towards a Rolex watch would actually think that the one he purchased off the streets for one-hundredth the original's price was in fact original. Street-side DVD hawkers are not thought by the general public to be selling original wares. Still, despite knowing the difference between the original and the fake, consumers many times opt for the latter.

Having said that, counterfeiting, by using someone else's trademark and trying to pass off fake goods as real ones, is quite obviously wrong. It harms customers, and it harms the manufacturers. Thus, a distinction deserves to be made here between the counterfeiters who try to deceive consumers (for instance by copying authenticity marks, like holograms, etc.) and those who are just providing them with highly cheaper alternatives (pirated DVDs, etc.). In this light, it is also important here to distinguish between counterfeiting, traditionally taken to be trademark violation, and piracy, traditionally taken to be a violation of international law, but now generally meaning a large-scale violation of copyright law. While the former can lead to consumer confusion, the latter scarcely ever does. This is ignored by industry people who evoke the image of the consumer quite often, but only when it helps them, and not in any meaningful manner. They negate consumer choice when it comes to consciously purchasing pirated goods, and consumer freedoms when it comes to usage of copyrighted materials.

While commercial film piracy funds terrorists, so does pretty much every business activity.

A favourite of the MPAA (and by association, the MPA) is the RAND report on Film Piracy and its Connection to Organized Crime and Terrorism. This report, which was funded by the MPAA, predictably concludes that film piracy funds organized crime and terrorism. Even if we are to believe its findings wholesale, it leaves us wondering whether all business activities from which terrorists derive funds should be banned.

In India, there is a substantiated link between organized crime and film and music production, and terrorists have been said to make money off the stock market. If the MPA's arguments are taken to their logical conclusions, then film production and equity trading should also be prosecuted. Furthermore, while the mafia and terrorists are the ostensible targets, the laws that are brought about to tackle it affect poor roadside vendors and non-commercial online file sharers. To tackle the funding of terrorists, roadside piracy shouldn't become the target just as film production per se shouldn't. The invocation of the RAND report is thus only meant for rhetorical effect, as it is hard to find logic in there.

"To copy without authorization is to steal", the death penalty, and drug peddling.

At the conference, Dominic Keating of the US Embassy pointed out that "to copy without authorization is to steal" and David Brener of US Customs and Border Protection kept emphasising, on at least two occasions, that "drug peddling merits an automatic death sentence in many countries". There are numerous arguments one can make to show the lack of thought in the former. One could point out that 'stealing' and 'theft' are things that happen to tangible property, and that not only is copyright not tangible, but it is barely property. Copying without authorization creates one more of what existed, without depriving the authorizer (usually a corporation) of its original. This goes against our notion of 'stealing'. If the argument is to be shifted to the terrain of control over one's property/copyright, Mark Lemley in an illuminative article shows how the economic theories behind externalities in property and copyright are vastly different, and that complete control over either has never been, nor should it ever be, an aim of the law. Simply put, someone free riding on your property leaves you worse off than earlier, while someone free riding on your copyright usually doesn't.

One could also point out that 'stealing' is endemic in activities involving human creativity. T.S. Eliot notes that "Immature poets imitate; mature poets steal; bad poets deface what they take, and good poets make it into something better, or at least something different". He does not even consider the possibility that artistic borrowing, whether by imitation or by 'stealing' does not happen. Even Y.S. Rajan, Principal Adviser to CII recognized this when during the conference he noted that "imitation and innovation have an interesting and intertwining philosophical history". If we are to take Mr. Keating's admonishment seriously, we would indeed have a very illustrious list of thieves on our hands, including the Walt Disney Corporation, William Shakespeare, Vladamir Nabokov, Public Enemy, and pretty much every creative person who has ever lived. Books can be written about this (and indeed, numerous books have been), so we shall not dwell on this issue.

Mr. Brener's repeatedly spoke of how drug peddling attracts death penalty in many countries (though in neither the US nor in India has anyone ever received capital punishment for drug peddling), but he also clarified that he is not advocating for the death penalty for copyright violations. That made one wonder why he was bringing up the death penalty at all. He also made the dubious, non-substantiated claim (noting it as "true fact") that pirating movies is more profitable than selling heroin. This claim appears in an article about a report produced by the Australian Federation Against Counterfeit Theft (AFACT), but the original report is nowhere to be found. The article about the AFACT report also claims that the pirates are using their illicit profits promote drug smuggling. The seeming contradiction of film pirates investing in something that is riskier and less profitable doesn't seem to have caught the eye of the writers. One version of the 'drugs are less profitable than pirated DVDs' claim (with marijuana taking heroin's place) was debunked on the Commons Law mailing list. Pirated DVDs are sold for a fraction of the cost of the original. It would be obvious to anyone that DVDs that are typically sold for Rs.30-50, where the cost of manufacture alone may be estimable to be around Rs. 10, cannot be more profitable than heroin peddling. That apart, most online file sharing (deemed to be "piracy") is non-commercial. Thus the question of profit does not really arise. Still, for the industry, absence of a profit is equal to a loss.

Thus, the rhetoric of crime, and that too heinous crime, is continually used, despite its being completely inapposite. Why does used to try to make IP enforcement a matter of state concern, rather than a matter of private, and civil, interest. This way, illegitimate statistics and factoids are used to make individual file-sharers who earn no money get lengthy prison sentences. This and other ways in which IP enforcement has expanded are carefully documented in this paper by Susan Sell.

Repeating false 'statistics' does not make them true.

Again, we were subjected to a number of dubious claims during the conference: If only counterfeiting and piracy were eliminated, India's fiscal deficit would disappear; the Indian entertainment industry loses 16000 crore (USD 4 billion) yearly to piracy; 820,000 direct jobs are lost due to film piracy; software piracy costs the industry USD 2.7 billion annually, etc. These reports' methodologies have been thorougly discredited. Even The Economist, a very conservative and pro-industry newspaper, believes that the BSA-IDC annual reports on software piracy are utterly distorted. Similarly, in the U.S., the figure of 750,000 jobs (around 8% of the U.S. unemployed in 2008) being lost due to piracy were touted by everyone from the Department of Commerce, the Chamber of Commerce, U.S. Border and Customs Protection, and the MPAA, RIAA, and BSA. The amount of money lost each year in the U.S. due to IP infringement has been estimated to be between USD 200-250 billion (that's more than the combined 2005 gross domestic revenues of the movie, music, software, and video game industries). In a lengthy piece in Ars Technica, Julian Sanchez traces back the history of both these figures, and shows how they are just large numbers used for lobbying, and are not based on actual studies. The industry-commissioned Ernst & Young report ("The Effects of Counterfeiting and Piracy on India's Entertainment Industry") was never made available to the public at large, thereby making it impossible to judge the methodological soundness of the survey and the veracity of the figures.

IP expansion and more stringent enforcement is counter-productive.

Chander Mohan Lall, copyright lawyer to various film studios (including Warner Bros.) in India, used a number of short film clips in presentation during the conference. Upon being questioned about it, he admitted that he did not have permissions of the copyright holders, but claimed that his use fell under "the education exception" in Indian copyright law. While I wish he were correct (because what he was doing was indeed educational use), as per the law he is wrong. Section 52(1)(i) of the Copyright Act only exempts educational usage of cinematograph film recordings when "audience is limited to such staff and students [of an educational institution], the parents and guardians of the students and persons directly connected with the activities of the institution". While there are other arguments he could seek to use to make his usage of the film clilps non-infringing, being excepted by the educational fair dealings clauses isn't one of them. Thus, more stringent enforcement of IP rights actually engenders such unauthorized, but perfectly legitimate copying and communication to the public such as that done by Mr. Lall.

Another way in which IP enforcement is being sought to be increased is by way of the so-called Goonda Acts. These are generally statutes aimed at criminals and lumpen elements in society. The Maharastra version, the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders and Dangerous Persons Act, 1981, just became the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons and Video Pirates Act. The term "video pirate" is very widely defined, to include any copyright infringement-chargesheeter who is "engaged or is making preparations for engaging in any of his activities as a video pirates, which affect adversely or likely to affect adversely, the maintenance of public order". Public order is deemed to be disturbed by "producing and distributing pirated copies of music or film products, thereby resulting in a loss of confidence in administration". Thus video pirates can possibly be interpreted to include individual sitting at home and using P2P networks to share films. The only requirement is that they should have had a chargesheet lodged against them previously -- they needn't even have been convicted; being chargesheeted suffices. Thus, non-commercial activities of file-sharing are equated to bootleggers and drug smugglers, and preventive detention (an anti-civil rights relic of India's colonial past) is applicable to them.

IP expansion is happening without the ostensible justifications for IP being kept in mind. That Tirupathi ladoos are going to get GI (geographical indicator) protection was announced at the conference with great pride. Geographical indicators are used to protect consumer interests, to ensure that no one outside a particular region (Champagne) can lay claim to be producing that product (Champagne) if the production of that product is intrinsically linked to special features found in that region (climate, etc.). However, no devout person would want to purchase anything advertised as "Tirupathi ladoo" if it were produced outside the Venkateswara temple at Tirupathi, thus the question of consumer confusion does not arise. What if someone malignantly advertises something as Tirupathi ladoo and claims it was made in Tirupathi (and not just that it tastes like the ladoo made there)? Such a person can be taken to task for deceptive advertising, and there is no need for something to have IP protection to do so. This represents a senseless expansionism of IP. It is now IP for IP's sake.

One of the speakers, Mr. V.N. Deshmukh, who though pro-stringent IP enforcement, astutely noted that, "When local demand is not met, they [consumers] turn to counterfeiters and pirates." Local demand can be unsatisfied because of lack of supply, or because the supply is overpriced, or because the supply is not easy to access, or because what is supplied is inferior to what is demanded. At the end of the day, as William Patry, Google's lead counsel, has noted, what companies sell to the public are products and services, and not IP. It would thus be wise for businesses to be innovative and compete rather than trying to extend their monopolies and engaging in rent-seeking behaviour that is economical harmful to consumers. They would also do well to remember that IP is not only a product but an input as well, so they are ultimately consumers themselves. All the harsher laws and enforcement mechanisms that they push for right now will have unintended consequences, and come to affect them adversely.

For more details visit https://cis-india.org/a2k/blogs/fallacies-lies-and-video-pirates

Facebook Shares 10 Key Facts about Free Basics. Here's What's Wrong with All 10 of Them.

sunil — 2015-12-25T14:59:10Z

Shweta Sengar of Catch News spoke to Sunil Abraham about the recent advertisement by Facebook titled "What Net Neutrality Activists won't Tell You or, the Top 10 Facts about Free Basics". Sunil argued against the validity of all the 'top 10 facts'.

Facebook has rebranded internet.org as Free Basics. After suffering from several harsh blows from the net neutrality activists in India, the social media behemoth is positioning a movement in order to capture user attention.

Apart from a mammoth two page advertisement on Free Basics on 23 December in a leading English daily, we spotted a numerous hoardings across the capital.

Unlike Facebook, Wikipedia has a rather upfront approach for raising funds. You must have noticed a pop-up as you open Wikipedia when they are in need of funds. What Facebook has done is branded Free Basics as 'free' as the basic needs of life.

The newspaper advertisement by Facebook was aimed at clearing all the doubts about Free Basics. The 10 facts highlighted a connected India and urging users to take the "first step towards digital equality."

In an interview with Catch, Sunil Abraham, Executive Director of Bangalore based research organisation, the Centre for Internet and Society, shared his thoughts on the controversial subject. Abraham countered each of Facebook's ten arguments. Take a look:

01 Free basics is open to any carriers. Any mobile operator can join us in connecting India.

Sunil Abraham: Free Basics was initially exclusive to only one telecom operator in most markets that it was available in.

The non-exclusivity was introduced only after activists in India complained. But now the arrangement is exclusive to Free Basics as a walled garden provider. But discrimination harms remain until other Internet services can also have what Facebook has from telecom operators ie. free access to their destinations.

02 We do not charge anyone anything for Free Basics. Period.

SA: As Bruce Schneier says "surveillance is the business model of the Internet". Free basics users are subject to an additional layer of surveillance ie. the data retention by the Facebook proxy server. Just as Facebook cannot say that they are ignoring Data Protection law because Facebook is a free product - they cannot say that Free Basics can violate network neutrality law because it is a free service. For ex. Flipkart should get Flipkart Basic on all Indian ISPs and Telcos.

03 We do not pay for the data consumed in Free Basics. Operators participate because the program has proven to bring more people online. Free Basics has brought new people onto mobile networks on average over 50% faster since launching the service.

SA: Facebook has been quoting statistics as evidence to influence the policy formulation process. But we need the absolute numbers and we also need them to be independently verifiable. At the very least we need the means to cross verify these numbers with numbers that telcos and ISPs routinely submit to TRAI.

Theoretical harms must be addressed through net neutrality regulation. For example, you don't have to build a single, centralised database of all Indian citizens to know that it can be compromised - from a security design perspective centralisation is always a bad idea. Gatekeeping powers given to any powerful entity will be compromised. While evidence is useful, regulation can already begin based on well established regulatory principles. After scientific evidence has been made available - the regulation can be tweaked.

04 Any developer or publisher can have their content on Free Basics. There are clear technical specs openly published here ... and we have never rejected an app or publisher who has me these tech specs.

SA: Again this was only done as a retrospective fix after network neutrality activists in India complained about exclusive arrangements. For example, the music streaming service Hungama is not a low-bandwidth destination but since it was included the technical specifications only mentions large images and video files. Many of the other sites are indistinguishable from their web equivalents clearly indicating that this was just an afterthought. At the moment Free Basics has become controversial so most developers and publishers are not approaching them so there is no way for us to verify Facebook's claim.

05 Nearly 800 developers in India have signed their support for Free Basics.

SA: I guess these are software developers working in the services industry who don't see themselves as potential competition to Facebook or any of the services within Free Basics. Also since Facebook as been completely disingenuous when it comes to soliciting support for their campaigns it is very hard to believe these claims. It has tried to change the meaning of the phrase "net neutrality" and has framed the debate in an inaccurate manner - therefore I could quite confidently say that these developers must have been fooled into supporting Free Basics.

06 It is not a walled garden: In India, 40% of people who come online through Free Basics are paying for data and accessing the full internet within the first 30 days. In the same time period, 8 times more people are paying versus staying on just

SA: Again, no absolute numbers and also no granularity in the data that makes it impossible for anyone to verify these numbers. Also there is no way to compare these numbers to access options that are respectful of network neutrality such as equal rating. If the numbers are roughly the same for equal rating and zero-rating then there is no strong case to be made for zero-rating.

07 Free Basics is growing and popular in 36 other countries, which have welcomed the program with open arms and seen the enormous benefits it has brought.

SA: Free Basics was one of the most controversial topics at the last Internet Governance Forum. A gratis service is definitely going to be popular but that does not mean forbearance is the only option for the regulator. In countries with strong civil society and/or a strong regulator, Free Basics has ran into trouble. Facebook has been able to launch Free Basics only in jurisdictions where regulators are still undecided about net neutrality. India and Brazil are the last battle grounds for net neutrality and that is why Facebook is spending advertising dollar and using it's infrastructure to win the global south.

08 In a recent representative poll, 86% of Indians supported Free Basics by Facebook, and the idea that everyone deserves access to free basic internet services.

SA: This is the poll which was framed in alarmist language where Indian were asked to choose between perpetuating or bridging the digital divide. This is a false choice that Facebook is perpetuating - with forward-looking positive Network Neutrality rules as advocated by Dr. Chris Marsden it should be possible to bridge digital divide without incurring any free speech, competition, innovation and diversity harms.

09 In the past several days, 3.2 million people have petitioned the TRAI in support of Free Basics.

SA: Obviously - since Free Basics is better than nothing. But the real choice should have been - are you a) against network neutrality ie. would you like to see Facebook play gatekeeper on the Internet OR b) for network neutrality ie. would you like to see Free Basics forced to comply with network neutrality rules and expand access without harms to consumers and innovators.

10 There are no ads in the version of Facebook on Free Basics. Facebook produces no revenue. We are doing this to connect India, and the benefits to do are clear.

SA: As someone who has watched the Internet economy since the first dot com boom - it is absolutely clear that consumer acquisition is as important as revenues. They are doing it to connect people to Facebook and as a result some people will also connect to the Internet. But India is the last market on the planet where the walled garden can be bigger than the Internet, and therefore Facebook is manipulating the discourse through it's dominance of the networked public sphere.

Bravo to TRAI and network neutrality activists for taking Facebook on.

Originally published by Catch News, on December 24, 2015.

For more details visit https://cis-india.org/internet-governance/news/facebook-shares-10-key-facts-about-free-basics-heres-whats-wrong-with-all-10-of-them

Exploring the Digital Landscape: An Overview

sneha — 2014-04-14T15:48:30Z

One component of the Digital Humanities mapping exercise was a series of six research projects commissioned by HEIRA-CSCS, Bangalore over November 2013-March 2014. These studies attempted to chart various aspects of the digital landscape in India today, with a focus on emerging forms of humanistic enquiry engendered by the Internet and new digital technologies. This blog post presents a broad overview of some of the key learnings from these projects.

The six research studies commissioned by HEIRA-CSCS as part of the collaborative exercise to map the Digital Humanities (DH) were formulated within a broad rubric of exploring changes at the intersection of youth, technology and higher education in India. Apart from existing questions about the digital divide, and the possibilities of increased connectivity and availability of new sources of information due to proliferation of digital tools and access to the Internet, the projects also tried to address in some way the problem of understanding and formulating a research enquiry about the ‘digital’ itself. The digital as a mode of existence or being, or a new ‘social’ or as discussed in the earlier blog-posts, is essentially a premise of the DH discourse as it has emerged in different parts of the world. While the studies focus largely on youth and higher education and so are located with a certain context, they do attempt to address larger questions about understanding the digital landscape in India today, with reference to new and changing practices of interdisciplinary research and scholarship in the humanities.

Just to recapitulate from an earlier blog-post; the following were the studies commissioned:

Survey of Printed Digitised Materials in Bengali – an extensive survey and report of printed digitized materials in Bengali across a few selected themes. The objective of this exercise is to map the nature of available digitized materials and explore possibilities of their use in the higher education classroom.
Researcher: Saidul Haque, Jadavpur University, Kolkata
Confessions in the Digital Age – looks at the rising trend of ‘confession pages’ on social media, most of which are located in an educational context, and explores the manner in which the digital space and its assumed anonymity has reconfigured this practice and the interaction between youth and technology.
Researcher: Rimi Nandy, Jadavpur University, Kolkata
Queer Expression in the Online Space – this study explores the concept of digital citizenship with a focus on how youth from the LGBTQ community engage with digital technologies such as social media, mobile phones and radio to negotiate questions of identity politics, activism and citizenship in cyberspace.
Researcher: Ditilekha Sharma, Tata Institute of Social Sciences, Mumbai
Creating Knowledge: Mapping the nature of Content and Processes on the English Wikipedia - analyses the nature of content produced on Wikipedia, with a focus on the representation of women and gender-related topics to explore if online knowledge platforms contain and perpetuate a systemic gender-bias.
Researcher: Sohnee Harshey, Tata Institute of Social Sciences, Mumbai
From the Streets to the Web: Feminist Activism on Social Media– an ethnographic exploration of social media platforms to explore how feminist activists have engaged with digital technology and if this has allowed for a redefinition of political organization and new forms of activism within the movement.
Researcher: Sujatha Subramanian, Tata Institute of Social Sciences, Mumbai

This exercise was also an attempt to build on some of the learnings from a four-year programme undertaken by HEIRA-CSCS titled ‘Pathways to Higher Education (supported by the Ford Foundation), which looked at the problem of quality of access in higher education for students from disadvantaged sections of society, particularly with respect to the digital and linguistic divide. The emphasis therefore was on understanding how young people, who are known as digital natives, negotiate with these rapidly changing modes of communication and learning. The projects therefore are located in institutional spaces and primarily address the demographic of 18 – 35 years, although there are exceptions as in the case of the studies on Wikipedia and the Bengali archival materials. Most of the studies draw from conventional methods of humanities and social sciences research, largely consisting of ethnographic and textual analysis, interviews and surveys. Adapting these methods to the digital domain, or rather formulating new research questions and methodology that is adequate to understand the nuances of the digital sphere was one of the key challenges of this exercise. Some of the learning outcomes from these studies may be summarized under the following themes:

The Emergence of the (Digital) Public Sphere

The advent of the internet and digital technologies has largely been considered enabling, in terms of what it allows you to do and be both in the real and virtual worlds. The growth of online activism in the last couple of years is indicative of this change to a large extent. This has been particularly true of traditional forms of activism that have now adopted the digital space, such as the LGBTQ or feminist movements. A majority of the respondents in the studies focussing on these two themes have endorsed the positive aspect of activism in the online space, in terms of organising people and connecting civil society and the community, and bringing these issues into the mainstream. Most felt that the internet offers a space, and a relatively safe one at that, to talk about issues related to sexuality and gender. Not only in terms of its potential to garner large numbers, disseminate information and create wider transnational networks, the online space can now also be seen as the space where the activism originates, rather than merely supplementing or facilitating traditional on-the-ground movements. As such, the digital has evolved into an alternate critical public sphere were the discourse around identity, citizenship, and socio-political participation has become more varied, even if not yet adequately nuanced.

While most of the studies endorse the democratising potential of the internet and digital technology, particularly that of mobile phones which have made these networks and resources accessible to a larger cross-section of people, many have also speak about the replication of several forms of systemic injustice and marginalisation that exist in the real world in the online space. The project on the gender-gap on Wikipedia cites examples of such a politics of exclusion in the knowledge-making process, not just with respect to content on Wikipedia, but also in the inclusion of women in the process of content-generation. Respondents in the other two projects on activism also spoke of instances of gendered violence and abuse, often a repercussion of being vocal online, thus highlighting the problematic duality of the condition of being visible and vulnerable. The imperative of creating safe online spaces to voice opinions, show solidarity or express dissent has been stressed by a majority of respondents in these studies.

Being Digital: Visibility and Accessibility

Moving from the question of doing to being, a paradox about the online space has been the way in which it accords a certain hyper-visibility, and increasingly makes invisible people and discourses, many a time not by choice. The option of anonymity accorded by the online space has been important for many voices of dissent to find expression, and for non-normative discourse to become visible in mainstream debates. However, the problems of anonymity can be several, as seen in the case of the study on the Facebook confessions. ‘Performance’ is an important aspect of these confessions; whether it is in the nature of a comment on another person or a representation of the self. The creation and performance of identities has been a significant component of studies on digital and cyber culture studies. The internet as facilitating performance of a certain gendered identity, while also in some ways obscuring certain others – as in the case of the marginalisation of lesbian, bisexual or transsexual individuals within the queer community is a case in point. Further the visibility accorded to issues in the online space is also conditional, in terms of what gets viewed, discussed and acted upon. The Wikipedia study discusses this in terms of a ‘covert alliance-building’ of editors or consensus on what goes up online.

Another positive attribute of the online space as reiterated by most people in the projects was that of increased accessibility - to networks, people and resources. But as is evident from the earlier paragraph, such accessibility often comes with a caveat - the conditions of the access are also as important. In the case of the survey on Bengali materials, the availability of a large corpus of materials in various spaces and the efforts to digitse them is an insufficient measure given the poor accessibility to such digitised materials available online, due to issues of copyright, metadata, technological support and lack of subject expertise. Accessibility is an important aspect of being digital as understood in the project on mapping the digital classroom. While students in most undergraduate classrooms have access to digital devices in one form or the other, the use of these devices in learning is contingent upon several factors such as student and teacher competence and comfort, and the ease to adapt to changing teaching-learning environments given cultural and linguistic divides. More importantly, the perception of the internet or digital technologies as a tool to merely facilitate communication or learning, rather than a space of critical engagement is the predominant understanding, with few notable exceptions.

New Knowledge-making Practices

Combining the being and doing in the online space are the new modes of knowledge formation engendered by this medium. The Wikipedia is illustrative of the process of collaborative knowledge production, and the politics inherent therein. The problems and challenges of digitisation and archival practice as evident in the study of the Bengali digitised materials is also an example of this knowledge vs information conundrum. However the connect with higher education, as in the availability of scholarly materials in regional languages in the latter case, and the need to acknowledge non-traditional sources as scholarly as in the former, are some of the immediate challenges identified by these studies. The model of annotations and referencing, as made possible by collaborative and dynamic knowledge repositories is an important concern of the DH debate as well, in terms of questioning existing hierarchies of authorship and expertise.

The bringing in of non-normative discourse on sexuality and gender into the mainstream, and the emergence of new issues in some sense has also been facilitated by the online space to some extent, even if within certain exclusive communities or spaces. An example of this is in terms of narratives of pleasure in feminist discussions, which seem to have found a space online but not so much in debates otherwise seen in India.

Changes in learning and pedagogic practice are an important aspect of new knowledge-making practices, and as mentioned earlier this is apparent in classrooms today given that students and faculty recognise the potential of digital technologies. However, the primacy of textual material in most classrooms, and a certain reluctance to engage with digital media and texts on the part of faculty and students in a substantive way is an attribute of the classroom today. Indeed, ways of reading and writing have changed with the onslaught of technology; as the study on confessions demonstrates communication on social media and mobile phones have evolved a different linguistic forms, both in English and regional languages. This and the problem of an information clutter, or ‘excess’, without the option of verifiability in most cases, is one of the major concerns of faculty with regard to technology.

While the projects in themselves may have only indirectly contributed to our understanding of DH, the process of formulating these questions and trying to find some answers to them have been insightful, particularly with respect to the problems with understanding technology, the importance of form and process, and the growth of alternative spaces of learning, all which are relevant to the DH discourse. For some reflections on the individual projects, see the guest posts by the researchers on CIS-RAW; the complete research reports are available at http://cscs.res.in/irps/heira/irps/heira/documents

For more details visit https://cis-india.org/raw/digital-humanities/exploring-the-digital-landscape