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Reading the Fine Script: Service Providers, Terms and Conditions and Consumer Rights
https://cis-india.org/internet-governance/blog/reading-between-the-lines-service-providers-terms-and-conditions-and-consumer-rights
<b>This year, an increasing number of incidents, related to consumer rights and service providers, have come to light. This blog illustrates the facts of the cases, and discusses the main issues at stake, namely, the role and responsibilities of providers of platforms for user-created content with regard to consumer rights.</b>
<p style="text-align: justify; "><span>On 1st July, 2014 the Federal Trade Commission (FTC) filed a complaint against T-Mobile USA,</span><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn1">[1]</a><span> accusing the service provider of 'cramming' customers bills, with millions of dollars of unauthorized charges. Recently, another service provider, received flak from regulators and users worldwide, after it published a paper, 'Experimental evidence of massive-scale emotional contagion through social networks'.</span><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn2">[2]</a><span> The paper described Facebook's experiment on more than 600,000 users, to determine whether manipulating user-generated content, would affect the emotions of its users.</span></p>
<p style="text-align: justify; ">In both incidents the terms that should ensure the protection of their user's legal rights, were used to gain consent for actions on behalf of the service providers, that were not anticipated at the time of agreeing to the terms and conditions (T&Cs) by the consumer. More precisely, both cases point to the underlying issue of how users are bound by T&Cs, and in a mediated online landscape—highlight, the need to pay attention to the regulations that govern the online engagement of users.</p>
<p style="text-align: justify; "><b>I have read and agree to the terms</b></p>
<p style="text-align: justify; ">In his statement, Chief Executive Officer, John Legere might have referred to T-Mobile as "the most pro-consumer company in the industry",<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn3">[3]</a> however the FTC investigation revelations, that many customers never authorized the charges, suggest otherwise. The FTC investigation also found that, T-Mobile received 35-40 per cent of the amount charged for subscriptions, that were made largely through innocuous services, that customers had been signed up to, without their knowledge or consent. Last month news broke, that just under 700,000 users 'unknowingly' participated in the Facebook study, and while the legality and ethics of the experiment are being debated, what is clear is that Facebook violated consumer rights by not providing the choice to opt in or out, or even the knowledge of such social or psychological experiments to its users.</p>
<p style="text-align: justify; ">Both incidents boil down to the sensitive question of consent. While binding agreements around the world work on the condition of consent, how do we define it and what are the implications of agreeing to the terms?</p>
<p style="text-align: justify; "><b>Terms of Service: Conditions are subject to change </b></p>
<p style="text-align: justify; ">A legal necessity, the existing terms of service (TOS)—as they are also known—as an acceptance mechanism are deeply broken. The policies of online service providers are often, too long, and with no shorter or multilingual versions, require substantial effort on part of the user to go through in detail. A 2008 Carnegie Mellon study estimated it would take an average user 244 hours every year to go through the policies they agree to online.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn4">[4]</a> Based on the study, Atlantic's Alexis C. Madrigal derived that reading all of the privacy policies an average Internet user encounters in a year, would take 76 working days.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn5">[5]</a></p>
<p style="text-align: justify; ">The costs of time are multiplied by the fact that terms of services change with technology, making it very hard for a user to keep track of all of the changes over time. Moreover, many services providers do not even commit to the obligation of notifying the users of any changes in the TOS. Microsoft, Skype, Amazon, YouTube are examples of some of the service providers that have not committed to any obligations of notification of changes and often, there are no mechanisms in place to ensure that service providers are keeping users updated.</p>
<p style="text-align: justify; ">Facebook has said that the recent social experiment is perfectly legal under its TOS,<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn6">[6]</a> the question of fairness of the conditions of users consent remain debatable. Facebook has a broad copyright license that goes beyond its operating requirements, such as the right to 'sublicense'. The copyright also does not end when users stop using the service, unless the content has been deleted by everyone else.</p>
<p style="text-align: justify; ">More importantly, since 2007, Facebook has brought major changes to their lengthy TOS about every year.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn7">[7]</a> And while many point that Facebook is transparent, as it solicits feedback preceding changes to their terms, the accountability remains questionable, as the results are not binding unless 30% of the actual users vote. Facebook can and does, track users and shares their data across websites, and has no obligation or mechanism to inform users of the takedown requests.</p>
<p style="text-align: justify; ">Courts in different jurisdictions under different laws may come to different conclusions regarding these practices, especially about whether changing terms without notifying users is acceptable or not. Living in a society more protective of consumer rights is however, no safeguard, as TOS often include a clause of choice of law which allow companies to select jurisdictions whose laws govern the terms.</p>
<p style="text-align: justify; ">The recent experiment bypassed the need for informed user consent due to Facebook's Data Use Policy<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn8">[8]</a>, which states that once an account has been created, user data can be used for 'internal operations, including troubleshooting, data analysis, testing, research and service improvement.' While the users worldwide may be outraged, legally, Facebook acted within its rights as the decision fell within the scope of T&Cs that users consented to. The incident's most positive impact might be in taking the questions of Facebook responsibilities towards protecting users, including informing them of the usage of their data and changes in data privacy terms, to a worldwide audience.</p>
<p style="text-align: justify; "><b>My right is bigger than yours</b></p>
<p style="text-align: justify; ">Most TOS agreements, written by lawyers to protect the interests of the companies add to the complexities of privacy, in an increasingly user-generated digital world. Often, intentionally complicated agreements, conflict with existing data and user rights across jurisdictions and chip away at rights like ownership, privacy and even the ability to sue. With conditions that that allow for change in terms at anytime, existing users do not have ownership or control over their data.</p>
<p style="text-align: justify; ">In April New York Times, reported of updates to the legal policy of General Mills (GM), the multibillion-dollar food company.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn9">[9]</a> The update broadly asserted that consumers interacting with the company in a variety of ways and venues no longer can sue GM, but must instead, submit any complaint to “informal negotiation” or arbitration. Since then, GM has backtracked and clarified that “online communities” mentioned in the policy referred only to those online communities hosted by the company on its own websites.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn10">[10]</a> Clarification aside, as Julia Duncan, Director of Federal programs at American Association for Justice points out, the update in the terms were so broad, that they were open to wide interpretation and anything that consumers purchase from the company could have been held to this clause. <a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn11">[11]</a></p>
<p style="text-align: justify; "><b>Data and whose rights?</b></p>
<p style="text-align: justify; ">Following Snowden revelations, data privacy has become a contentious issue in the EU, and TOS, that allow the service providers to unilaterally alter terms of the contract, will face many challenges in the future. In March Edward Snowden sent his testimony to the European Parliament calling for greater accountability and highlighted that in "a global, interconnected world where, when national laws fail like this, our international laws provide for another level of accountability."<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn12">[12]</a> Following the testimony came the European Parliament's vote in favor of new safeguards on the personal data of EU citizens, when it’s transferred to non-EU.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn13">[13]</a> The new regulations seek to give users more control over their personal data including the right to ask for data from companies that control it and seek to place the burden of proof on the service providers.</p>
<p style="text-align: justify; ">The regulation places responsibility on companies, including third-parties involved in data collection, transfer and storing and greater transparency on concerned requests for information. The amendment reinforces data subject right to seek erasure of data and obliges concerned parties to communicate data rectification. Also, earlier this year, the European Court of Justice (ECJ) ruled in favor of the 'right to be forgotten'<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn14">[14]</a>. The ECJ ruling recognised data subject's rights override the interest of internet users, however, with exceptions pertaining to nature of information, its sensitivity for the data subject's private life and the role of the data subject in public life.</p>
<p style="text-align: justify; ">In May, the Norwegian Consumer Council filed a complaint with the Norwegian Consumer Ombudsman, “… based on the discrepancies between Norwegian Law and the standard terms and conditions applicable to the Apple iCloud service...”, and, “...in breach of the law regarding control of marketing and standard agreements.”<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn15">[15]</a> The council based its complaint on the results of a study, published earlier this year, that found terms were hazy and varied across services including iCloud, Drop Box, Google Drive, Jotta Cloud, and Microsoft OneDrive. The Norwegian Council study found that Google TOS, allow for users content to be used for other purposes than storage, including by partners and that it has rights of usage even after the service is cancelled. None of the providers provide a guarantee that data is safe from loss, while many, have the ability to terminate an account without notice. All of the service providers can change the terms of service but only Google and Microsoft give an advance notice.</p>
<p style="text-align: justify; ">The study also found service providers lacking with respect to European privacy standards, with many allowing for browsing of user content. Tellingly, Google had received a fine in January by the French Data Protection Authority, that stated regarding Google's TOS, "permits itself to combine all the data it collects about its users across all of its services without any legal basis."</p>
<p style="text-align: justify; "><b>To blame or not to blame</b></p>
<p style="text-align: justify; ">Facebook is facing a probe by the UK Information Commissioner's Office, to assess if the experiment conducted in 2012 was a violation of data privacy laws.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn16">[16]</a> The FTC asked the court to order T-Mobile USA, to stop mobile cramming, provide refunds and give up any revenues from the practice. The existing mechanisms of online consent, do not simplify the task of agreeing to multiple documents and services at once, a complexity which manifolds, with the involvement of third parties.</p>
<p style="text-align: justify; ">Unsurprisingly, T-Mobile's Legere termed the FTC lawsuit misdirected and blamed the companies providing the text services for the cramming.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn17">[17]</a> He felt those providers should be held accountable, despite allegations that T-Mobile's billing practices made it difficult for consumers to detect that they were being charged for unauthorized services and having shared revenues with third-party providers. Interestingly, this is the first action against a wireless carrier for cramming and the FTC has a precedent of going after smaller companies that provide the services.</p>
<p style="text-align: justify; ">The FTC charged T-Mobile USA with deceptive billing practices in putting the crammed charges under a total for 'use charges' and 'premium services' and failure to highlight that portion of the charge was towards third-party charges. Further, the company urged customers to take complaints to vendors and was not forthcoming with refunds. For now, T-Mobile may be able to share the blame, the incident brings to question its accountability, especially as going forward it has entered a pact along with other carriers in USA including Verizon and AT&T, agreeing to stop billing customers for third-party services. Even when practices such as cramming are deemed illegal, it does not necessarily mean that harm has been prevented. Often users bear the burden of claiming refunds and litigation comes at a cost while even after being fined companies could have succeeded in profiting from their actions.</p>
<p style="text-align: justify; "><b>Conclusion </b></p>
<p style="text-align: justify; ">Unfair terms and conditions may arise when service providers include terms that are difficult to understand or vague in their scope. TOS that prevent users from taking legal action, negate liability for service providers actions despite the companies actions that may have a direct bearing on users, are also considered unfair. More importantly, any term that is hidden till after signing the contract, or a term giving the provider the right to change the contract to their benefit including wider rights for service provider wide in comparison to users such as a term that that makes it very difficult for users to end a contract create an imbalance. These issues get further complicated when the companies control and profiting from data are doing so with user generated data provided free to the platform.</p>
<p style="text-align: justify; ">In the knowledge economy, web companies play a decisive role as even though they work for profit, the profit is derived out of the knowledge held by individuals and groups. In their function of aggregating human knowledge, they collect and provide opportunities for feedback of the outcomes of individual choices. The significance of consent becomes a critical part of the equation when harnessing individual information. In France, consent is part of the four conditions necessary to be forming a valid contract (article 1108 of the Code Civil).</p>
<p style="text-align: justify; ">The cases highlight the complexities that are inherent in the existing mechanisms of online consent. The question of consent has many underlying layers such as reasonable notice and contractual obligations related to consent such as those explored in the case in Canada, which looked at whether clauses of TOS were communicated reasonably to the user, a topic for another blog. For now, we must remember that by creating and organising social knowledge that further human activity, service providers, serve a powerful function. And as the saying goes, with great power comes great responsibility.</p>
<hr size="1" style="text-align: justify; " width="33%" />
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref1">[1]</a> 'FTC Alleges T-Mobile Crammed Bogus Charges onto Customers’ Phone Bills', published 1 July, 2014. See: http://www.ftc.gov/news-events/press-releases/2014/07/ftc-alleges-t-mobile-crammed-bogus-charges-customers-phone-bills</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref2">[2]</a> 'Experimental evidence of massive-scale emotional contagion through social networks', Adam D. I. Kramera,1, Jamie E. Guilloryb, and Jeffrey T. Hancock, published March 25, 2014. See:http://www.pnas.org/content/111/24/8788.full.pdf+html?sid=2610b655-db67-453d-bcb6-da4efeebf534</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref3">[3]</a> 'U.S. sues T-Mobile USA, alleges bogus charges on phone bills, Reuters published 1st July, 2014 See: http://www.reuters.com/article/2014/07/01/us-tmobile-ftc-idUSKBN0F656E20140701</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref4">[4]</a> 'The Cost of Reading Privacy Policies', Aleecia M. McDonald and Lorrie Faith Cranor, published I/S: A Journal of Law and Policy for the Information Society 2008 Privacy Year in Review issue. See: http://lorrie.cranor.org/pubs/readingPolicyCost-authorDraft.pdf</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref5">[5]</a> 'Reading the Privacy Policies You Encounter in a Year Would Take 76 Work Days', Alexis C. Madrigal, published The Atlantic, March 2012 See: http://www.theatlantic.com/technology/archive/2012/03/reading-the-privacy-policies-you-encounter-in-a-year-would-take-76-work-days/253851/</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref6">[6]</a> Facebook Legal Terms. See: https://www.facebook.com/legal/terms</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref7">[7]</a> 'Facebook's Eroding Privacy Policy: A Timeline', Kurt Opsahl, Published Electronic Frontier Foundation , April 28, 2010 See:https://www.eff.org/deeplinks/2010/04/facebook-timeline</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref8">[8]</a> Facebook Data Use Policy. See: https://www.facebook.com/about/privacy/</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref9">[9]</a> 'When ‘Liking’ a Brand Online Voids the Right to Sue', Stephanie Strom, published in New York Times on April 16, 2014 See: http://www.nytimes.com/2014/04/17/business/when-liking-a-brand-online-voids-the-right-to-sue.html?ref=business</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref10">[10]</a> Explaining our website privacy policy and legal terms, published April 17, 2014 See:http://www.blog.generalmills.com/2014/04/explaining-our-website-privacy-policy-and-legal-terms/#sthash.B5URM3et.dpufhttp://www.blog.generalmills.com/2014/04/explaining-our-website-privacy-policy-and-legal-terms/</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref11">[11]</a> General Mills Amends New Legal Policies, Stephanie Strom, published in New York Times on 1http://www.nytimes.com/2014/04/18/business/general-mills-amends-new-legal-policies.html?_r=0</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref12">[12]</a> Edward Snowden Statement to European Parliament published March 7, 2014. See: http://www.europarl.europa.eu/document/activities/cont/201403/20140307ATT80674/20140307ATT80674EN.pdf</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref13">[13]</a> Progress on EU data protection reform now irreversible following European Parliament vote, published 12 March 201 See: http://europa.eu/rapid/press-release_MEMO-14-186_en.htm</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref14">[14]</a> European Court of Justice rules Internet Search Engine Operator responsible for Processing Personal Data Published by Third Parties, Jyoti Panday, published on CIS blog on May 14, 2014. See: http://cis-india.org/internet-governance/blog/ecj-rules-internet-search-engine-operator-responsible-for-processing-personal-data-published-by-third-parties</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref15">[15]</a> Complaint regarding Apple iCloud’s terms and conditions , published on 13 May 2014 See:http://www.forbrukerradet.no/_attachment/1175090/binary/29927</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref16">[16]</a> 'Facebook faces UK probe over emotion study' See: http://www.bbc.co.uk/news/technology-28102550</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref17">[17]</a> Our Reaction to the FTC Lawsuit See: http://newsroom.t-mobile.com/news/our-reaction-to-the-ftc-lawsuit.htm</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/reading-between-the-lines-service-providers-terms-and-conditions-and-consumer-rights'>https://cis-india.org/internet-governance/blog/reading-between-the-lines-service-providers-terms-and-conditions-and-consumer-rights</a>
</p>
No publisherjyotiSocial MediaConsumer RightsGoogleinternet and societyPrivacyTransparency and AccountabilityIntermediary LiabilityAccountabilityFacebookData ProtectionPoliciesSafety2014-07-04T06:31:37ZBlog EntryFOEX Live: June 16-23, 2014
https://cis-india.org/internet-governance/blog/foex-live-june-16-23-2014
<b>A weekly selection of news on online freedom of expression and digital technology from across India (and some parts of the world). </b>
<p style="text-align: justify; "><span>A quick and non-exhaustive perusal of this week’s content shows that many people are worried about the state of India’s free speech following police action on account of posts derogatory to or critical of the Prime Minister. Lawyers, journalists, former civil servants and other experts have joined in expressing this worry.</span></p>
<p style="text-align: justify; ">While a crackdown on freedom of expression would indeed be catastrophic and possibly unconstitutional, fears are so far based on police action in only 4 recent cases: Syed Waqar in Karnataka, Devu Chodankar in Goa and two cases in Kerala where college students and principals were arrested for derogatory references to Modi. Violence in Pune, such as the murder of a young Muslim man on his way home from prayer, or the creation of a Social Peace Force of citizens to police offensive Facebook content, are all related, but perhaps ought to be more carefully and deeply explored.</p>
<h3 style="text-align: justify; ">Kerala:</h3>
<p style="text-align: justify; ">In the Assembly, State Home Minister Ramesh Chennithala <a href="http://www.telegraphindia.com/1140618/jsp/nation/story_18524231.jsp#.U6kh1Y2SxDs">said that the State government did not approve</a> of the registration of cases against students on grounds of anti-Modi publications. The Minister denunciation of political opponents through cartoons and write-ups was common practice in Kerala, and “<i>booking the authors for this was not the state government’s policy</i>”.<span> </span></p>
<h3 style="text-align: justify; ">Maharashtra:</h3>
<p style="text-align: justify; ">Nearly 20,000 people have <a href="http://www.iol.co.za/scitech/technology/internet/peace-force-takes-aim-at-facebook-1.1705842#.U6khAI2SxDs">joined</a> the Social Peace Force, a Facebook group that aims to police offensive content on the social networking site. The group owner’s stated aim is to target religious posts that may provoke riots, not political ones. Subjective determinations of what qualifies as ‘offensive content’ remain a troubling issue.</p>
<h3><span>Tamil Nadu:</span></h3>
<p style="text-align: justify; ">In Chennai, 101 people, including filmmakers, writers, civil servants and activists, have <a href="http://timesofindia.indiatimes.com/City/Chennai/Intelligentsia-ask-CM-to-ensure-screening-of-Lankan-movie/articleshow/37107317.cms">signed a petition</a> requesting Chief Minister J. Jayalalithaa to permit safe screening of the Indo-Sri Lankan film “<i>With You, Without You</i>”. The petition comes after theatres cancelled shows of the film following threatening calls from some Tamil groups.</p>
<h3 style="text-align: justify; ">Telangana:</h3>
<p style="text-align: justify; ">The K. Chandrasekhar Rao government <a href="http://www.newslaundry.com/2014/06/23/channels-on-the-telangana-block/">has blocked</a> two Telugu news channels for airing content that was “<i>derogatory, highly objectionable and in bad taste</i>”.</p>
<p style="text-align: justify; ">The Telagana government’s decision to block news channels has its supporters. Padmaja Shaw <a href="http://www.thehoot.org/web/When-media-threatens-democracy/7593-1-1-14-true.html">considers</a> the mainstream Andhra media contemptuous and disrespectful of “<i>all things Telangana</i>”, while Madabushi Sridhar <a href="http://www.thehoot.org/web/Abusive-media-vs-angry-legislature/7591-1-1-2-true.html">concludes</a> that Telugu channel TV9’s coverage violates the dignity of the legislature.</p>
<h3><span>West Bengal:</span></h3>
<p style="text-align: justify; ">Seemingly anti-Modi arrests <a href="http://www.telegraphindia.com/1140617/jsp/nation/story_18520612.jsp#.U6kh142SxDs">have led to worry</a> among citizens about speaking freely on the Internet. Section 66A poses a particular threat.</p>
<h3><span>News & Opinion:</span></h3>
<p style="text-align: justify; ">The Department of Telecom is preparing a draft of the National Telecom Policy, in which it <a class="external-link" href="http://articles.economictimes.indiatimes.com/2014-06-19/news/50710986_1_national-broadband-policy-broadband-penetration-175-million-broadband-connections">plans to treat broadband Internet as a basic right</a>. The Policy, which will include deliberations on affordable broadband access for end users, will be finalised in 100 days.</p>
<p style="text-align: justify; "><span>While addressing a CII CEO’s Roundtable on Media and Industry, Information and Broadcasting Minister </span><a href="http://www.indiantelevision.com/regulators/i-and-b-ministry/government-committed-to-communicating-with-people-across-media-platforms-javadekar-140619">Prakash Javadekar promised</a><span> a transparent and stable policy regime, operating on a time-bound basis. He promised that efforts would be streamlined to ensure speedy and transparent clearances.</span></p>
<p style="text-align: justify; ">A perceived increase in police action against anti-Modi publications or statements <a href="http://www.dw.de/indias-anti-modi-netizens-fear-possible-crackdown/a-17725267">has many people worried</a>. But the Prime Minister himself was once a fierce proponent of dissent; in protest against the then-UPA government’s blocking of webpages, Modi changed his display pic to black.</p>
<p style="text-align: justify; "><i><a href="http://www.medianama.com/2014/06/223-social-media-helpline-mumbai/">Medianama wonders</a></i> whether the Mumbai police’s Cyber Lab and helpline to monitor offensive content on the Internet is actually a good idea.</p>
<p style="text-align: justify; "><a href="http://www.livemint.com/Opinion/vGkg6ig9qJqzm2eL3SxkUK/Time-for-Modi-critics-to-just-shut-up.html">G. Sampath wonders</a> why critics of the Prime Minister Narendra Modi can’t voluntarily refrain from exercising their freedom of speech, and allow India to be an all-agreeable development haven. Readers may find his sarcasm subtle and hard to catch.</p>
<p style="text-align: justify; ">Experts in India <a href="http://www.business-standard.com/article/current-affairs/does-eu-s-right-to-be-forgotten-put-barrier-on-the-net-114062400073_1.html">mull over</a> whether Section 79 of the Information Technology Act, 2000, carries a loophole enabling users to exercise a ‘right to be forgotten’. Some say Section 79 does not prohibit user requests to be forgotten, while others find it unsettling to provide private intermediaries such powers of censorship.</p>
<h3><span>Some parts of the world:</span></h3>
<p style="text-align: justify; ">Sri Lanka <a href="http://www.canindia.com/2014/06/sri-lanka-bans-meetings-that-can-incite-religious-hatred/">has banned</a> public meetings or rallies intended to promote religious hatred.</p>
<p style="text-align: justify; ">In Pakistan, Twitter <a href="http://www.outlookindia.com/news/article/Twitter-Restores-Access-to-Blasphemous-Material-in-Pak/845254">has restored</a> accounts and tweets that were taken down last month on allegations of being blasphemous or ‘unethical’.</p>
<p style="text-align: justify; ">In Myanmar, an anti-hate speech network <a href="http://www.mmtimes.com/index.php/national-news/10785-anti-hate-speech-network-proposed.html">has been proposed</a> throughout the country to raise awareness and opposition to hate speech and violence.</p>
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<p style="text-align: justify; "><span>For feedback, comments and any incidents of online free speech violation you are troubled or intrigued by, please email Geetha at </span><span>geetha[at]cis-india.org or on Twitter at @covertlight.</span></p>
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For more details visit <a href='https://cis-india.org/internet-governance/blog/foex-live-june-16-23-2014'>https://cis-india.org/internet-governance/blog/foex-live-june-16-23-2014</a>
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No publishergeethaSocial MediaFreedom of Speech and ExpressionFOEX LiveCensorshipSection 66AArticle 19(1)(a)2014-06-24T10:23:18ZBlog EntryUN Human Rights Council urged to protect human rights online
https://cis-india.org/internet-governance/blog/un-human-rights-council-urged-to-protect-human-rights-online
<b>63 civil society groups urged the UN Human Rights Council to address global challenges to freedom of expression, privacy and other human rights on the Internet. Centre for Internet & Society joined in the statement, delivered on behalf of the 63 groups by Article 19.
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<p style="text-align: justify; ">The 26th session of the United Nations Human Rights Council (UNHRC) is currently ongoing (June 10-27, 2014). <span>On June 19, 2014, 63 civil society groups joined together to urge the United Nations Human Rights Council to protect human rights online and address global challenged to their realization. Centre for Internet & Society joined in support of the statement ("<strong>the Civil Society Statement</strong>"), which was delivered by Article 19 on behalf of the 63 groups.</span></p>
<p style="text-align: justify; ">In its consensus resolution <a class="external-link" href="http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/20/8">A/HRC/20/8 (2012)</a>, the UNHRC affirmed that the "<span><i>same rights that people have offline must also be protected online, in particular freedom of expression, which is applicable regardless of frontiers and through any media of one’s choice</i>". India, a current member of the UNHRC, stood in support of resolution 20/8. The protection of human rights online was also a matter of popular agreement at <a class="external-link" href="http://netmundial.br/wp-content/uploads/2014/04/NETmundial-Multistakeholder-Document.pdf">NETmundial 2014</a>, which similarly emphasised the importance of protecting human rights online in accordance with international human rights obligations. Moreover, the WSIS+10 High Level Event, organised by the ITU in collaboration with other UN entities, emphasized the criticality of expanding access to ICTs across the globe, including infrastructure, affordability and reach.</span></p>
<p style="text-align: justify; ">The Civil Society Statement at HRC26 highlights the importance of retaining the Internet as a global resource - a democratic, free and pluralistic platform. However, the recent record of freedom of expression and privacy online have resulted in a deficit of trust and free, democratic participation. <a class="external-link" href="http://www.nytimes.com/2014/03/21/world/europe/turkish-officials-block-twitter-in-leak-inquiry.html">Turkey</a>, <a class="external-link" href="http://www.bbc.com/news/blogs-trending-25756864">Malaysia</a>, <a class="external-link" href="http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/05/27/thailands-cybercoup/">Thailand</a>, <a class="external-link" href="http://www.theguardian.com/world/2014/jun/02/egypt-police-monitor-social-media-dissent-facebook-twitter-protest">Egypt</a> and <a class="external-link" href="http://timesofindia.indiatimes.com/tech/tech-news/Facebook-under-fire-for-blocking-pages-in-Pakistan/articleshow/36194872.cms">Pakistan</a> have blocked web-pages and social media content, while Edward Snowden's <a class="external-link" href="https://www.eff.org/deeplinks/2014/05/looking-back-one-year-after-edward-snowden-disclosures-international-perspective">revelations</a> have heightened awareness of human rights violations on the Internet.</p>
<p style="text-align: justify; ">At a time when governance of the Internet and its institutions is evolving, a human rights centred perspective is crucial. Openness and transparency - both in the governance of Internet institutions and rights online - are crucial to continuing growth of the Internet as a global, democratic and free resource, where freedom of expression, privacy and other rights are respected regardless of location or nationality. In particular, the Civil Society Statement calls attention to <a class="external-link" href="https://en.necessaryandproportionate.org/take-action/EFF">principles of necessity and proportionality</a> to regulate targeted interception and collection of personal data.</p>
<p style="text-align: justify; ">The UNHRC, comprising 47 member states, is called upon to address these global challenges. Guided by resolutions A/HRC/20/8 and <a class="external-link" href="http://www.un.org/ga/search/view_doc.asp?symbol=A/C.3/68/L.45/Rev.1">A/RES/68/167</a>, the WSIS+10 High Level Event <a class="external-link" href="http://www.itu.int/wsis/implementation/2014/forum/inc/doc/outcome/362828V2E.pdf">Outcome Documents</a> (especially operative paragraphs 2, 8 and 11 of the Vision Document) and the <a class="external-link" href="http://www.ohchr.org/EN/Issues/DigitalAge/Pages/DigitalAgeIndex.aspx">forthcoming report</a> of the UN High Commissioner for Human Rights regarding privacy in the digital age, the UNHRC as well as other states may gather the opportunity and intention to put forth a strong case for human rights online in our post-2015 development-centred world.</p>
<h3><span>Civil Society Statement:</span></h3>
<p style="text-align: justify; ">The full oral statement can be accessed <b><a href="https://cis-india.org/internet-governance/blog/unhrc-civil-society-statement-26th-session" class="internal-link">here</a></b>.</p>
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For more details visit <a href='https://cis-india.org/internet-governance/blog/un-human-rights-council-urged-to-protect-human-rights-online'>https://cis-india.org/internet-governance/blog/un-human-rights-council-urged-to-protect-human-rights-online</a>
</p>
No publishergeethaSocial MediaFreedom of Speech and ExpressionHuman Rights OnlineSurveillanceInternet GovernanceUNHRC2014-06-19T13:28:32ZBlog EntryVodafone Report Explains Government Access to Customer Data
https://cis-india.org/internet-governance/blog/vodafone-report-explains-govt-access-to-customer-data
<b>Vodafone Group PLC, the world’s second largest mobile carrier, released a report on Friday, June 6 2014 disclosing to what extent governments can request their customers’ data.</b>
<p style="text-align: justify; "><a href="http://www.vodafone.com/content/dam/sustainability/2014/pdf/vodafone_full_report_2014.pdf">The Law Enforcement Disclosure Report</a>, a section of a larger annual Sustainability Report began by asserting that Vodafone "customers have a right to privacy which is enshrined in international human rights law and standards and enacted through national laws."</p>
<p style="text-align: justify; ">However, the report continues, Vodafone is incapable of fully protecting its customers right to privacy, because it is bound by the laws in the various countries in which it operates. "If we do not comply with a lawful demand for assistance, governments can remove our license to operate, preventing us from providing services to our customers," The report goes into detail about the laws in each of the 29 nations where the company operates.</p>
<p style="text-align: justify; ">Vodafone’s report is one of the first published by a multinational service provider. Compiling such a report was especially difficult, according to the report, for a few reasons. Because no comparable report had been published before, Vodafone had to figure out for themselves, the “complex task” of what information they could legally publish in each country. This difficulty was compounded by the fact that Vodafone operates physical infrastructure and thus sets up a business in each of the countries where it provides services. This means that Vodafone is subject to the laws and operating licenses of each nation where it operates, unlike as a search engine such as Google, which can provide services across international borders but still be subject to United States law – where it is incorporated.</p>
<p style="text-align: justify; ">The report is an important step forward for consumer privacy. First, the Report shows that the company is aware of the conflict of interest between government authorities and its customers, and the pivotal position that the company can play in honoring the privacy of its users by providing information regarding the same in all cases where it legally can. Additionally, providing the user insight into challenges that the company faces when addressing and responding to law enforcement requests, the Report provides a brief overview of the legal qualifications that must be met in each country to access customer data. Also, Vodafone’s report has encouraged other telecom companies to disclose similar information to the public. For instance, Deutsche Telekom AG, a large European and American telecommunications company, said Vodafone’s report had led it consider releasing a report of it’s own.</p>
<h3 style="text-align: justify; ">Direct Government Access</h3>
<p style="text-align: justify; ">The report revealed that six countries had constructed secret wires or “pipes” which allowed them access to customers’ private data. This means that the governments of these six countries have immediate access to Vodafone’s network without any due process, oversight, or accountability for these opaque practices. Essentially, the report reveals, in order to operate in one of these jurisdictions, a communications company must ensure that authorities have, real time and direct access to all personal customer data at any time, without any specific justification. The report does not name these six nations for legal reasons.</p>
<p style="text-align: justify; ">"These pipes exist, the direct access model exists,” Vodafone's group privacy officer, Stephen Deadman, told the Guardian. “We are making a call to end direct access as a means of government agencies obtaining people's communication data. Without an official warrant, there is no external visibility. If we receive a demand we can push back against the agency. The fact that a government has to issue a piece of paper is an important constraint on how powers are used."</p>
<h3 style="text-align: justify; ">Data Organization</h3>
<p style="text-align: justify; ">Vodafone’s Report lists the aggregate number of content requests they received in each country where it operates, and groups these requests into two major categories. The first is Lawful Interceptions, which is when the government directly listens in or reads the content of a communication. In the past, this type of action has been called wiretapping, but now includes reading the content of text messages, emails, and other communications.</p>
<p style="text-align: justify; ">The second data point Vodafone provides for each country is the number of Communications Data requests they receive from each country. These are requests for the metadata associated with customer communications, such as the numbers they have been texting and the time stamps on all of their texts and calls.</p>
<p style="text-align: justify; ">It is worth noting that all of the numbers Vodafone reports are warrant statistics rather than target statistics. Vodafone, according to the report, has chosen to include the number of times a government sent a request to Vodafone to "intrude into the private affairs of its citizens, not the extent to which those warranted activities then range across an ever-expanding multiplicity of devices, accounts and apps."</p>
<h3 style="text-align: justify; ">Data Construction</h3>
<p>However, in many cases, laws in the various companies in which Vodafone operates prohibit Vodafone from publishing all or part of the aforementioned data. In fact, this is the rule rather than the exception. The majority of countries, including India, prohibit Vodafone from releasing the number of data requests they receive. Other countries publish the numbers themselves, so Vodafone has chosen not to reprint their statistics either. This is because Vodafone wants to encourage governments to take responsibility for informing their citizens of the statistics themselves.</p>
<p style="text-align: justify; ">The report also makes note of the process Vodafone went through to determine the legality of publishing these statistics. It was not always straightforward. For example, in Germany, when Vodafone’s legal team went to examine the legislation governing whether or not they could publish statistics on government data requests, they concluded that the laws were unclear, and asked German authorities for advice on how to proceed. They were informed that publishing any such statistics would be illegal, so they did not include any German numbers in their report. However, since that time, other local carriers have released similar statistics, and thus the situation remains unresolved.</p>
<p style="text-align: justify; ">Other companies have also recently released reports. Twitter, a microblogging website, Facebook, a social networking website, and Google a search engine with social network capabilities have all released comparable reports, but their reports differ from Vodafone’s in a number of ways. While Twitter, Google, and Facebook all specified the percent of requests granted, Vodafone released no similar statistics. However, Vodafone prepared discussions of the various legal constraints that each country imposed on telecom companies, giving readers an understanding of what was required in each country for authorities to access their data, a component that was left out of other recent reports. Once again, Vodafone’s report differed from those of Google Facebook and Twitter because while Vodafone opens businesses in each of the countries where it operates and is subject to their laws, Google, Facebook, and Twitter are all Internet companies and so are only governed by United States law.</p>
<p style="text-align: justify; ">Google disclosed that it received 27,427 requests over a six-month period ending in December, 2013, and also noted that the number of requests has increased consistently each six-month period since data began being compiled in 2009, when fewer than half as many requests were being made. On the other hand Google said that the percentage of requests it complied with (64% over the most recent period) had declined significantly since 2010, when it complied with 76% of requests.</p>
<p style="text-align: justify; ">Google went into less detail when explaining the process non-American authorities had to go through to access data, but did note that a Mutual Legal Assistance Treaty was the primary way governments outside of the United States could force the release of user data. Such a treaty is an agreement between the United States and another government to help each other with legal proceedings. However, the report indicated that Google might disclose user information in situations when they were not legally compelled to, and did not go into detail about how or when it did that. Thus, given the difficulty of obtaining a Mutual Legal Assistance Treaty in addition to local warrants or subpoenas, it seems likely that Google complies with many more non-American data requests than it was legally forced to.</p>
<p style="text-align: justify; ">Facebook has only released two such reports so far, for the two six month periods in 2013, but they too indicated an increasing number of requests, from roughly 26,000 to 28,147. Facebook plans to continue issuing reports every six months.</p>
<p style="text-align: justify; ">Twitter has also seen an increase of 22% in government requests between this and the previous reporting period, six months ago. Twitter attributes this increase in requests to an increase in users internationally, and it does seem that the website has a similarly growing user base, according to charts released by Twitter. It is worth noting that while large nations such as the United States and India are responsible for the majority of government requests, smaller nations such as Bulgaria and Ecuador also order telecom and Internet companies to turn over data.</p>
<h3 style="text-align: justify; ">Vodaphone’s Statistics</h3>
<p style="text-align: justify; ">Though Vodafone’s report didn’t print statistics for the majority of the countries the report covered, looking at the few numbers they did publish can shed some light on the behavior of governments in countries where publishing such statistics is illegal. For the countries where Vodafone does release data, the numbers of government requests for Vodafone data were much higher than for Google data. For instance, Italy requested Vodafone data 605,601 times, while requesting Google data only 896 times. This suggests that other countries such as India could be looking at many more customers’ data through telecom companies like Vodafone than Internet companies like Google.</p>
<p style="text-align: justify; ">Vodafone stressed that they were not the only telecom company that was being forced to share customers’ data, sometimes without warrants. In fact, such access was the norm in countries where authorities demanded it.</p>
<h3 style="text-align: justify; ">India and the Reports</h3>
<p style="text-align: justify; ">India is one of the most proliferate requesters of data, second only to the United States in number of requests for data from Facebook and fourth after the United States, France and Germany in number of requests for data from Google. In the most recent six-month period, India requested data from Google 2,513 times, Facebook 3,598 times, and Twitter 19 times. The percentage of requests granted varies widely from country. For example, while Facebook complies with 79% of United States authorities’ requests, it only grants 50% of India’s requests. Google responds to 83% of US requests but only 66% of India’s.</p>
<p style="text-align: justify; ">Facebook also provides data on the number of content restrictions each country requests. A content restriction request is where an authority asks Facebook to take down a particular status, photo, video, or other web content and no longer display it on their site. India, with 4,765 requests, is the country that most often asks Facebook to remove content.</p>
<p style="text-align: justify; ">While Vodafone’s report publishes no statistics on Indian data requests, because such disclosure would be illegal, it does discuss the legal considerations they are faced with. In India, the report explains, several laws govern Internet communications. The Information Technology Act (ITA) of 2000 is the parent legislation governing information technology in India. The ITA allows certain members of Indian national or state governments order an interception of a phone call or other communication in real time, for a number of reasons. According to the report, an interception can be ordered “if the official in question believes that it is necessary to do so in the: (a) interest of sovereignty and integrity of India; (b) the security of the State; (c) friendly relations with foreign states; (d) public order; or (e) the prevention of incitement of offences.” In short, it is fairly easy for a high-ranking official to order a wiretapping in India.</p>
<p style="text-align: justify; ">The report goes on to detail Indian authorities’ abilities to request other customer data beyond a lawful interception. The Code of Criminal Procedure allows a court or police officer to ask Vodafone and other telecom companies to produce “any document or other thing” that the officer believes is necessary for any investigation. The ITA extends this ability to any information stored in any computer, and requires service providers to extend their full assistance to the government. Thus, it is not only legally simple to order a wiretapping in India; it is also very easy for authorities to obtain customer web or communication data at any time.</p>
<p style="text-align: justify; ">It is clear that Indian laws governing communication have very little protections in place for consumer privacy. However, many in India hope to change this reality. The Group of Experts chaired by Justice AP Shah, the Department of Personnel and Training, along with other concerned groups have been working towards the drafting of a privacy legislation for India. According to the <a href="http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf">Report of the Group of Experts on Privacy</a>, the legislation would fix the 50 or so privacy laws in India that are outdated and unable to protect citizen’s privacy when they use modern technology.</p>
<p style="text-align: justify; ">On the other hand, the Indian government is moving forward with a number of plans to further infringe the privacy of civilians. For example, the Central Monitoring System, a clandestine electronic surveillance program, gives India’s security agencies and income tax officials direct access to communications data in the country. The program began in 2007 and was announced publicly in 2009 to little fanfare and muted public debate. The system became operational in 2013.</p>
<h3 style="text-align: justify; ">Conclusion</h3>
<p style="text-align: justify; ">Vodafone’s report indicates that it is concerned about protecting its customer’s privacy, and Vodafone’s disclosure report is an important step forward for consumer web and communication privacy. The report stresses that company practice and government policy need to come together to protect citizen’s privacy and –businesses cannot do it alone. However, the report reveals what companies can do to effect privacy reform. By challenging authorities abilities to access customer data, as well as publishing information about these powers, they bring the issue to the government’s attention and open it up to public debate. Through Vodafone’s report, the public can see why their governments are making surveillance decisions. Yet, in India, there is still little adoption of transparent business practices such as these. Perhaps if more companies were transparent about the level of government surveillance their customers were being subjected to, their practices and policies for responding to requests from law enforcement, and the laws and regulations that they are subject to - the public would press the government for stronger privacy safeguards and protections.</p>
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For more details visit <a href='https://cis-india.org/internet-governance/blog/vodafone-report-explains-govt-access-to-customer-data'>https://cis-india.org/internet-governance/blog/vodafone-report-explains-govt-access-to-customer-data</a>
</p>
No publisherjoeSocial MediaInternet Governance2014-06-19T10:38:01ZBlog EntryFOEX Live: June 8-15, 2014
https://cis-india.org/internet-governance/blog/foex-live-june-8-15-2014
<b>A weekly selection of news on online freedom of expression and digital technology from across India (and some parts of the world). Please email relevant news/cases/incidents to geetha[at]cis-india.org.</b>
<h3 style="text-align: justify; ">Karnataka:</h3>
<p style="text-align: justify; "><span>A Hindu rightwing group </span><a href="http://www.daijiworld.com/news/news_disp.asp?n_id=241239">demanded the arrest</a><span> of a prominent activist, who during a speech on the much-debated Anti-superstition Bill, made comments that are allegedly blasphemous.</span></p>
<h3 style="text-align: justify; ">Kerala:</h3>
<p style="text-align: justify; "><span></span><span>On June 10, the principal and six students of Government Polytechnic at Kunnamkulam, Thrissur, </span><a href="http://indianexpress.com/article/india/india-others/modi-on-negative-faces-list-principal-6-others-booked/">were arrested</a><span> for publishing a photograph of Prime Minister Narendra Modi alongside photographs of Hitler, Osana bin Laden and Ajmal Kasab, under the rubric ‘negative faces’. An FIR was </span><a href="http://www.thehindu.com/news/national/kerala/case-against-principal-students-for-slighting-modi/article6101911.ece?ref=relatedNews">registered</a><span> against them for various offences under the Indian Penal Code including defamation (Section 500), printing or engraving matter known to be defamatory (Section 501), intentional insult with intent to provoke breach of peace (Section 504), and concealing design to commit offence (Section 120) read with Section 34 (acts done by several persons in furtherance of common intention). The principal was later </span><a href="http://www.thehindu.com/news/national/kerala/kerala-college-principal-arrested-over-modi-negative-faces-row/article6111575.ece?ref=relatedNews">released on bail</a><span>.</span></p>
<p style="text-align: justify; ">In a similarly unsettling incident, on June 14, 2014, a <a href="http://www.thehindu.com/news/national/kerala/another-kerala-college-wades-into-modi-row/article6111912.ece?ref=relatedNews">case was registered</a> against the principal and 11 students of Sree Krishna College, Guruvayur, for using “objectionable and unsavoury” language in a crossword in relation to PM Narendra Modi, Rahul Gandhi, Shashi Tharoor, etc. Those arrested were later <a href="http://www.thehindu.com/news/national/kerala/nine-students-arrested-in-kerala-for-antimodi-remarks-in-campus-magazine/article6116911.ece?homepage=true&utm_source=Most%20Popular&utm_medium=Homepage&utm_campaign=Widget%20Promo">released on bail</a>.</p>
<h3 style="text-align: justify; ">Maharashtra:</h3>
<p style="text-align: justify; ">Facebook posts involving objectionable images of Dr. B.R. Ambedkar led to <a href="http://www.thehindu.com/news/facebook-post-on-ambedkar-sparks-violence-in-mharashtra/article6096766.ece">arson and vandalism in Pune</a>. Police have sought details of the originating IP address from Facebook.</p>
<p style="text-align: justify; ">A Pune-based entrepreneur <a href="http://www.ndtv.com/article/cities/new-facebook-group-to-block-offensive-posts-against-religious-figures-542189">has set up</a> a Facebook group to block ‘offensive’ posts against religious leaders. The Social Peace Force will use Facebook’s ‘Report Spam’ option to take-down of ‘offensive’ material.<span> </span></p>
<p style="text-align: justify; ">Deputy Chief Minister Ajit Pawar <a href="http://indianexpress.com/article/india/india-others/maharashtra-deputy-cm-says-ban-social-media-retracts/">suggested</a> a ban on social media in India, and retracted his statement post-haste.</p>
<h3 style="text-align: justify; ">Punjab:</h3>
<p style="text-align: justify; ">A bailable warrant <a href="http://www.hindustantimes.com/punjab/chandigarh/warrants-against-singer-kailash-kher-for-hurting-religious-sentiments/article1-1227795.aspx">was issued</a> against singer Kailash Kher for failing to appear in court in relation to a case. The singer is alleged to have hurt religious sentiments of the Hindu community in a song, and a case registered under Sections 295A and 298, Indian Penal Code.</p>
<h3 style="text-align: justify; ">Uttar Pradesh:</h3>
<p style="text-align: justify; ">The presence of a photograph on Facebook, in which an accused in a murder case is found posing with an illegal firearm, resulted in a <a href="http://www.firstpost.com/india/up-murder-accused-booked-for-posing-on-facebook-with-illegal-gun-1567323.html">case being registered</a> against him under the IT Act.<span> </span></p>
<h3 style="text-align: justify; ">News & Opinion:</h3>
<p style="text-align: justify; ">Authors, civil society activists and other concerned citizens <a href="http://www.financialexpress.com/news/civil-society-activists-flay-narendra-modi-pmos-silence-on-attacks-on-dissent/1258143">issued a joint statement</a> questioning Prime Minister Modi’s silence over arrests and attacks on exercise of free speech and dissent. Signatories include Aruna Roy, Romila Thapar, Baba Adhav, Vivan Sundaram, Mrinal Pande, Jean Dreze, Jayati Ghosh, Anand Pathwardhan and Mallika Sarabhai.</p>
<p style="text-align: justify; ">In response to Mumbai police’s decision to take action against those who ‘like’ objectionable or offensive content on Facebook, experts say the <a href="http://indianexpress.com/article/cities/mumbai/freedom-to-like-shareany-content-a-fundamental-right-experts/">freedom to ‘like’ or ‘share’</a> posts or tweets is fundamental to freedom of expression. India’s defamation laws for print and the Internet need harmonization, moreover.</p>
<p style="text-align: justify; ">While supporting freedom of expression, Minister for Information and Broadcasting Prakash Javadekar cautioned <a href="http://www.mizonews.net/nation/no-compromise-on-press-freedom-but-practice-self-restraint-javadekar/">the press</a> and <a href="http://articles.economictimes.indiatimes.com/2014-06-09/news/50448166_1_facebook-post-prakash-javadekar-speech">all users of social media</a> that the press and social media should be used responsibly for unity and peace. The Minister has also <a href="http://blogs.reuters.com/faithworld/2014/06/09/indian-govt-vows-to-uphold-free-speech-after-hindu-book-withdrawal/">spoken out</a> in favour of free publication, in light of recent legal action against academic work and other books.</p>
<p style="text-align: justify; ">Infosys, India’s leading IT company, <a href="http://www.thehindu.com/news/national/infosys-slaps-defamation-notice-on-three-newspapers/article6098717.ece">served defamation notices</a> on the <i>Economic Times</i>, the <i>Times of India </i>and the Financial Express, for “loss and reputation and goodwill due to circulation of defamatory articles”. Removal of articles and an unconditional apology were sought, and Infosys claimed damages amounting to Rs. 2000 crore. On a related note, Dr. Ashok Prasad <a href="http://www.newslaundry.com/2014/06/09/arresting-the-slander/">argues</a> that criminal defamation is a violation of freedom of speech.</p>
<p style="text-align: justify; ">Drawing on examples from the last 3 years, Ritika Katyal <a href="http://southasia.foreignpolicy.com/posts/2014/06/11/warning_bells_for_freedom_of_expression_in_modi_s_india">analyses</a> India’s increasing violence and legal action against dissent and hurt sentiment, and concludes that Prime Minister Narendra Modi has both the responsibility and ability to “<i>rein in Hindu hardliners</i>”.</p>
<p style="text-align: justify; ">Discretionary powers resting with the police under the vaguely and broadly drafted Section 66A, Information Technology Act, are dangerous and unconstitutional, <a href="http://indiatogether.org/articles/freedom-of-speech-on-internet-section-66a-laws">say experts</a>.</p>
<p style="text-align: justify; ">Providing an alternative view, the <i>Hindustan Times </i><a href="http://www.hindustantimes.com/comment/efficient-policing-is-the-best-way-to-check-cyber-crimes/article1-1228163.aspx">comments</a> that the police ought to “<i>pull up their socks</i>” and understand the social media in order to effectively police objectionable and offensive content on the Internet.</p>
<h3 style="text-align: justify; ">Keeping Track:</h3>
<p style="text-align: justify; ">Indconlawphil’s <a href="http://indconlawphil.wordpress.com/free-speech-watch/">Free Speech Watch</a> keeps track of violations of freedom of expression in India.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/foex-live-june-8-15-2014'>https://cis-india.org/internet-governance/blog/foex-live-june-8-15-2014</a>
</p>
No publishergeethaFreedom of Speech and ExpressionSocial MediaFOEX LiveSection 66A2014-06-16T10:22:31ZBlog EntryStay connected even when you go underground
https://cis-india.org/news/the-hindu-june-11-2014-sunita-sekhar-stay-connected-even-when-you-go-underground
<b>CMRL may soon start making arrangements to ensure good mobile connectivity on the underground stretch.</b>
<p class="body" style="text-align: justify; ">The <a class="external-link" href="http://www.thehindu.com/news/cities/chennai/chen-infra/stay-connected-even-when-you-go-underground/article6105262.ece">article by Sunita Sekhar was published in the Hindu</a> on June 12, 2014. Nishant Shah gave his inputs.</p>
<hr />
<p class="body" style="text-align: justify; ">A really erratic mobile network connection is something all of us have probably experienced, while on the move, every now and then.</p>
<p class="body" style="text-align: justify; ">If your mobile phone signal can fail you on the road, have you thought what it will be like when you ride underground?</p>
<p class="body" style="text-align: justify; ">Perhaps it is time to put that thought into your head. Not very many years from now, it is likely you will be riding the Chennai Metro underground.</p>
<p class="body" style="text-align: justify; ">Folks at Chennai Metro Rail Ltd. (CMRL) have, however, already thought of this, to their credit.</p>
<p class="body" style="text-align: justify; ">CMRL may soon start making arrangements to ensure good mobile connectivity on the underground stretch.</p>
<p class="body" style="text-align: justify; ">“We are considering various options to boost mobile network underground. It is important we provide such a service,” says a CMRL official. Chennai Metro, built at a cost of Rs. 14,600 crore, 45 km across the city, will have 24 km underground. Of the 32 stations, 19 will be underground.</p>
<p class="body" style="text-align: justify; ">CMRL has drawn the idea from Delhi Metro Rail Corporation (DMRC), a principal consultant. Sometime back, Delhi Metro Rail had installed additional cellular towers at its underground stations to improve mobile connectivity.</p>
<p class="body" style="text-align: justify; ">The value of such a facility will surface especially during a crisis, according to Nishant Shah of Centre for Internet and Society.</p>
<p class="body" style="text-align: justify; ">“Connectivity becomes crucial when something untoward — be it breakdown of infrastructure or even sexual harassment — occurs on the underground stretch. It needs to be recorded or documented immediately,” he says.</p>
<p class="body" style="text-align: justify; ">Janaki Pillai of Ability Foundation says connectivity is particularly critical for the hearing impaired, who often use the messaging and WhatsApp services.</p>
<p class="body" style="text-align: justify; ">“But the question of them using the underground stations and the need for mobile connectivity arises only when the stations are accessible. Whether I choose to use it or not is different, but the service should be available and the choice should be mine,” she says.</p>
<p>
For more details visit <a href='https://cis-india.org/news/the-hindu-june-11-2014-sunita-sekhar-stay-connected-even-when-you-go-underground'>https://cis-india.org/news/the-hindu-june-11-2014-sunita-sekhar-stay-connected-even-when-you-go-underground</a>
</p>
No publisherpraskrishnaSocial MediaInternet Governance2014-07-04T15:15:11ZNews ItemFOEX Live: June 1-7, 2014
https://cis-india.org/internet-governance/blog/foex-live-june-1-7-2014
<b>A weekly selection of news on online freedom of expression and digital technology from across India (and some parts of the world). </b>
<p><i><span>Delhi NCR</span></i>:</p>
<p>Following a legal notice from Dina Nath Batra, publisher Orient BlackSwan <a href="http://indianexpress.com/article/india/india-others/its-batra-again-book-on-sexual-violence-in-ahmedabad-riots-is-set-aside-by-publisher/">“set aside… for the present”</a> <i>Communalism and Sexual Violence: Ahmedabad Since 1969</i> by Dr. Megha Kumar, citing the need for a “comprehensive assessment”. Dr. Kumar’s book is part of the ‘Critical Thinking on South Asia’ series, and studies communal and sexual violence in the 1969, 1985 and 2002 riots of Ahmedabad. Orient BlackSwan insists this is a pre-release assessment, while Dr. Kumar contests that her book went to print in March 2014 after extensive editing and peer review. Dina Nath Batra’s civil suit <a href="http://www.nybooks.com/articles/archives/2014/may/08/india-censorship-batra-brigade/">led Penguin India to withdraw</a> Wendy Doniger’s <i>The Hindus: An Alternative History</i> earlier this year.</p>
<p>The Delhi Police’s Facebook page aimed at reaching out to Delhi residents hailing from the North East <a href="http://www.assamtribune.com/scripts/detailsnew.asp?id=jun0114/at044">proved to be popular</a>.</p>
<p><i><span>Goa</span></i>:</p>
<p>Shipbuilding engineer Devu Chodankar’s <a href="http://www.ifex.org/india/2014/06/02/anti_modi_comments/">ordeal continued</a>. Chodankar, in a statement to the cyber crime cell of the Goa police, <a href="http://timesofindia.indiatimes.com/India/Police-question-Devu-Chodankar-on-Facebook-posts-for-over-5-hours/articleshow/35965869.cms">clarified</a> that his allegedly inflammatory statements were directed against the induction of the Sri Ram Sene’s Pramod Muthalik into the BJP. Chodankar’s laptop, hard-disk and mobile Internet dongle were <a href="http://www.thehindu.com/news/national/other-states/goa-police-seizes-chodankars-laptop-dongle/article6075406.ece">seized</a>.</p>
<p><i><span>Jammu & Kashmir</span></i>:</p>
<p>Chief Minister Omar Abdullah announced the <a href="http://www.onislam.net/english/news/asia-pacific/473153-youth-cheer-kashmirs-sms-ban-lift.html">withdrawal of a four-year-old SMS ban</a> in the state. The ban was instituted in 2010 following widespread protests, and while it was lifted for post-paid subscribers six months later, pre-paid connections were banned from SMSes until now.</p>
<p><i><span>Maharashtra</span></i>:</p>
<p><a href="http://timesofindia.indiatimes.com/india/Maharashtra-police-to-crack-whip-on-those-who-like-offensive-Facebook-posts/articleshow/35974198.cms?utm_source=twitter.com&utm_medium=referral&utm_campaign=timesofindia">In a move to contain public protests</a> over ‘objectionable posts’ about Chhatrapati Shivaji, Dr. B.R. Ambedkar and the late Bal Thackeray (comments upon whose death <a href="http://www.bbc.com/news/world-asia-india-20490823">led to the arrests</a> of Shaheen Dhada and Renu Srinivasan under Section 66A), Maharashtra police will take action against even those who “like” such posts. ‘Likers’ may be charged under the Information Technology Act and the Criminal Procedure Code, say Nanded police.</p>
<p>A young Muslim man was <a href="http://indianexpress.com/article/india/politics/muslim-techie-beaten-to-death-in-pune-7-men-of-hindu-outfit-held/">murdered</a> in Pune, apparently connected to the online publication of ‘derogatory’ pictures of Chhatrapati Shivaji and Bal Thackarey. Members of Hindu extremists groups <a href="http://www.hindustantimes.com/india-news/pune-techie-killed-sms-boasts-of-taking-down-first-wicket/article1-1226023.aspx">celebrated</a> his murder, it seems. Pune’s BJP MP, Anil Shirole, <a href="http://timesofindia.indiatimes.com/India/Pune-techie-murder-BJP-MP-says-some-repercussions-to-derogatory-FB-post-natural/articleshow/36112291.cms">said</a>, “some repercussions are natural”. Members of the Hindu Rashtra Sena <a href="http://www.thehindu.com/news/national/other-states/seven-rightwing-activists-held-over-techies-killing-in-pune/article6081812.ece">were held</a> for the murder, but it seems that the photographs were uploaded from <a href="http://www.deccanchronicle.com/140606/nation-crime/article/pune-techie-murder-fb-pictures-uploaded-foreign-ip-addresses">foreign IP addresses</a>. Across Maharashtra, 187 rioting<a href="http://timesofindia.indiatimes.com/city/mumbai/Offensive-FB-posts-187-rioting-cases-filed-710-held/articleshow/36176283.cms">cases have been registered</a> against a total of 710 persons, allegedly in connection with the offensive Facebook posts.</p>
<p>On a lighter note, <a href="http://post.jagran.com/what-bollywood-expects-from-new-ib-minister-1401860268">Bollywood hopes</a> for a positive relationship with the new government on matters such as film censorship, tax breaks and piracy.</p>
<p><i><span>News & Opinion</span></i>:</p>
<p>Shocking the world, Vodafone <a href="http://www.theguardian.com/business/2014/jun/06/vodafone-reveals-secret-wires-allowing-state-surveillance">reported</a> the existence of secret, direct-access wires that enable government surveillance on citizens. India is among 29 governments that sought access to its networks, <a href="http://www.dailymail.co.uk/indiahome/indianews/article-2651060/Unprecedented-terrifying-Scale-mobile-phone-snooping-uncovered-Vodaphone-reveals-government-requested-access-network.html">says Vodafone</a>.</p>
<p>I&B Minister <a href="http://www.exchange4media.com/55952_theres-no-need-for-the-govt-to-intervene-in-self-regulation-prakash-javadekar.html">Prakash Javadekar expressed his satisfaction</a> with media industry self-regulation, and stated that while cross-media ownership is a <a href="http://www.newstrackindia.com/newsdetails/2014/06/05/146--Japan-to-ban-possession-of-child-pornography-except-comics-.html">matter for debate</a>, it is the <i>legality</i> of transactions such as the <a href="http://caravanmagazine.in/vantage/biggest-problem-network18">Reliance-Network18 acquisition</a> that is important.</p>
<p>Nikhil Pahwa of <i>Medianama</i> wrote of a <a href="http://www.medianama.com/2014/06/223-right-to-be-forgotten-india/">‘right to be forgotten’ request they received</a> from a user in light of the recent European Court of Justice <a href="https://cis-india.org/internet-governance/blog/ecj-rules-internet-search-engine-operator-responsible-for-processing-personal-data-published-by-third-parties">ruling</a>. The right raises a legal dilemma in India, <i>LiveMint</i> <a href="http://www.livemint.com/Industry/5jmbcpuHqO7UwX3IBsiGCM/Right-to-be-forgotten-poses-a-legal-dilemma-in-India.html">reports</a>. <i>Medianama </i>also <a href="http://www.medianama.com/2014/06/223-maharashtra-police-warns-against-liking-objectionable-posts-on-facebook/">comments</a> on Maharashtra police’s decision to take action against Facebook ‘likes’, noting that at the very least, a like and a comment do not amount to the same thing.</p>
<p><i>The Hindu</i> was scorching in its <a href="http://www.thehindu.com/opinion/editorial/no-tolerance-for-hate-crimes/article6090098.ece">editorial on the Pune murder</a>, warning that the new BJP government stands to lose public confidence if it does not clearly demonstrate its opposition to religious violence. The <i>Times of India</i> <a href="http://timesofindia.indiatimes.com/home/opinion/edit-page/PM-Modi-must-condemn-Sadique-Shaikhs-murder-and-repeal-draconian-Section-66A/articleshow/36114346.cms">agrees</a>.</p>
<p>Sanjay Hegde <a href="http://articles.economictimes.indiatimes.com/2014-06-01/news/50245814_1_blasphemy-laws-puns-speech">wrote</a> of Section 66A of the Information Technology Act, 2000 (as amended in 2008) as a medium-focused criminalization of speech. dnaEdit also <a href="http://www.dnaindia.com/analysis/editorial-dnaedit-netizens-bugbear-1992826">published</a> its criticism of Section 66A.</p>
<p>Ajit Ranade of the <i>Mumbai Mirror</i> <a href="http://www.mumbaimirror.com/columns/columnists/ajit-ranade/Republic-of-hurt-sentiments/articleshow/36191142.cms">comments</a> on India as a ‘republic of hurt sentiments’, criminalizing exercises of free speech from defamation, hate speech, sedition and Section 66A. But in this hurt and screaming republic, <a href="http://www.newindianexpress.com/cities/bangalore/Why-Dissent-Needs-to-Stay-Alive/2014/06/03/article2261386.ece1">dissent is crucial</a> and must stay alive.</p>
<p>A cyber security expert is of the opinion that the police find it <a href="http://www.dnaindia.com/mumbai/report-derogatory-post-difficult-to-block-on-networking-sites-cyber-security-experts-1993093">difficult to block webpages</a> with derogatory content, as servers are located outside India. But <a href="http://blogs.wsj.com/indiarealtime/2014/06/05/indias-snooping-and-snowden/">data localization will not help</a> India, writes Jayshree Bajoria.</p>
<p>Dharma Adhikari <a href="http://www.myrepublica.com/portal/index.php?action=news_details&news_id=76335">tries to analyze</a> the combined impact of converging media ownership, corporate patronage of politicians and elections, and recent practices of forced and self-censorship and criminalization of speech.</p>
<p><i><span>Elsewhere in the world</span></i>:</p>
<p>In Pakistan, Facebook <a href="http://timesofindia.indiatimes.com/tech/tech-news/Facebook-under-fire-for-blocking-pages-in-Pakistan/articleshow/36194872.cms">has been criticized</a> for blocking pages of a Pakistani rock band and several political groups, primarily left-wing. Across the continent in Europe, Google <a href="http://timesofindia.indiatimes.com/Tech/Tech-News/Googles-new-problem-in-Europe-A-negative-image/articleshow/35936971.cms">is suffering</a> from a popularity dip.</p>
<p>The National Council for Peace and Order, the military government in Thailand, has taken over not only the government,<a href="http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/05/27/thailands-cybercoup/">but also controls the media</a>. The military <a href="http://www.ibtimes.com/thai-junta-calls-meetings-google-facebook-over-allegedly-anti-coup-content-photo-1593088">cancelled its meetings</a> with Google and Facebook. Thai protesters <a href="http://www.nytimes.com/2014/06/03/world/asia/thai-protesters-flash-hunger-games-salute-to-register-quiet-dissent.html">staged a quiet dissent</a>. The Asian Human Rights Commission <a href="http://www.humanrights.asia/news/forwarded-news/AHRC-FST-035-2014">condemned</a> the coup. For an excellent take on the coup and its dangers, please redirect <a href="http://www.worldpolicy.org/blog/2014/06/02/thailand%E2%80%99s-military-coup-tenuous-democracy">here</a>. For a round-up of editorials and op-eds on the coup, redirect <a href="http://asiancorrespondent.com/123345/round-up-of-op-eds-and-editorials-on-the-thai-coup/">here</a>.</p>
<p>China <a href="http://economictimes.indiatimes.com/tech/internet/china-escalates-attack-on-google/articleshow/35993349.cms">has cracked down</a> on Google, affecting Gmail, Translate and Calendar. It is speculated that the move is connected to the 25<sup>th</sup> anniversary of the Tiananmen Square protests and government reprisal. At the same time, a Tibetan filmmaker who was jailed for six years for his film, <i>Leaving Fear Behind</i>, <a href="http://chinadigitaltimes.net/2014/06/china-releases-tibetan-filmmaker-jail/">has been released</a> by Chinese authorities. <i>Leaving Fear Behind </i>features a series of interviews with Tibetans of the Qinghai province in the run-up to the controversial Beijing Olympics in 2008.</p>
<p>Japan looks set to <a href="http://www.newstrackindia.com/newsdetails/2014/06/05/146--Japan-to-ban-possession-of-child-pornography-except-comics-.html">criminalize</a> possession of child pornography. According to reports, the proposed law does not extend to comics or animations or digital simulations.</p>
<p>Egypt’s police is looking to build a <a href="http://www.theguardian.com/world/2014/jun/02/egypt-police-monitor-social-media-dissent-facebook-twitter-protest">social media monitoring system</a> to track expressions of dissent, including “<i>profanity, immorality, insults and calls for strikes and protests</i>”.</p>
<p>Human rights activists <a href="http://www.theguardian.com/world/2014/jun/02/facebook-bashar-al-assad-campaign-syria-election">asked Facebook to deny its services</a> to the election campaign of Syrian President Bashar al-Assad, ahead of elections on June 3.</p>
<p><i><span>Call for inputs</span></i>:</p>
<p>The Law Commission of India seeks comments from stakeholders and citizens on media law. The consultation paper may be found <a href="http://www.lawcommissionofindia.nic.in/views/Consultation%20paper%20on%20media%20law.doc">here</a>. The final date for submission is June 19, 2014.</p>
<p>____________________________________________________________________________________________________________</p>
<p>For feedback and comments, Geetha Hariharan is available by email at <span>geetha@cis-india.org or on Twitter, where her handle is @covertlight. </span></p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/foex-live-june-1-7-2014'>https://cis-india.org/internet-governance/blog/foex-live-june-1-7-2014</a>
</p>
No publishergeethaIT ActSocial MediaFreedom of Speech and ExpressionPrivacyFOEX LiveSurveillanceCensorship2014-06-07T13:33:45ZBlog EntryFOEX Live: May 28-29, 2014
https://cis-india.org/internet-governance/blog/foex-live-may-28-29-2014
<b>A selection of news from across India with a bearing on online freedom of expression and use of digital technology</b>
<p>Media focus on the new government and its ministries and portfolios has been extensive, and to my knowledge, few newspapers or online sources have reported violations of freedom of speech. However, on his first day in office, the new I&B Minister, Prakash Javadekar, <a href="http://www.sahilonline.org/english/newsDetails.php?cid=3&nid=24880">acknowledged the importance of press freedom</a>, avowing that it was the “<i>essence of democracy</i>”. He has assured that the new government <a href="http://www.firstpost.com/politics/press-freedom-will-not-be-curbed-under-modi-ib-minister-javadekar-1546291.html">will not interfere</a> with press freedom.</p>
<p><i><span style="text-decoration: underline;">Assam</span></i><span>:</span></p>
<p>A FICCI discussion in Guwahati, attended among others by Microsoft and Pricewaterhouse Coopers, focused on the <a href="http://timesofindia.indiatimes.com/city/guwahati/FICCI-seminar-focuses-on-IT-role-in-governance/articleshow/35669912.cms">role of information technology in governance</a>.</p>
<p><i><span style="text-decoration: underline;">Goa</span></i><span>:</span></p>
<p>Following the furore over allegedly inflammatory, ‘hate-mongering’ Facebook posts by shipping engineer Devu Chodankar, a group of <a href="http://timesofindia.indiatimes.com/City/Goa/Goan-netizens-form-watchdog-forum/articleshow/35691042.cms">Goan netizens formed a ‘watchdog forum’</a> to police “<i>inappropriate and communally inflammatory content</i>” on social media. Diana Pinto feels, however, that some ‘compassion and humanism’ ought to have <a href="http://timesofindia.indiatimes.com/city/goa/Stern-warning-better-option-than-FIR-in-Devu-case/articleshow/35691253.cms?intenttarget=no">prompted only a stern warning</a> in Devu Chodankar’s case, and not a FIR.</p>
<p><i><span style="text-decoration: underline;">Karnataka</span></i><span>:</span></p>
<p><a href="http://timesofindia.indiatimes.com/city/bangalore/Man-arrested-for-allegedly-sending-offensive-MMS-against-Modi-confirmed-innocent-by-police-released/articleshow/35624351.cms">Syed Waqar was released</a> by Belgaum police after questioning revealed he was a recipient of the anti-Modi MMS. The police are still tracing the original sender.</p>
<p><i><span style="text-decoration: underline;">Madhya Pradesh</span></i><span>:</span></p>
<p>The cases of Shaheen Dhada and Rinu Srinivasan, and recently of Syed Waqar and Devu Chodankar have left <a href="http://timesofindia.indiatimes.com/city/indore/Cautious-Indore-netizens-play-safe/articleshow/35661073.cms">Indore netizens overly cautious</a> about “<i>posting anything recklessly on social media</i>”. Some feel it is a blow to democracy.</p>
<p><i><span style="text-decoration: underline;">Maharashtra</span></i><span>:</span></p>
<p>In Navi Mumbai, the Karjat police <a href="http://timesofindia.indiatimes.com/city/mumbai/Cops-probe-if-sexual-abuse-of-shelter-kids-was-filmed/articleshow/35690030.cms">seized several computers, hard disks and blank CDs</a> from the premises of the Chandraprabha Charitable Trust in connection with an investigation into sexual abuse of children at the Trust’s school-shelter. The police seek to verify whether the accused recorded any obscene videos of child sexual abuse.</p>
<p>In Mumbai, even as filmmakers, filmgoers, artistes and LGBT people celebrated the Kashish Mumbai International Queer Film Festival, all <a href="http://www.nytimes.com/2014/05/27/arts/international/a-gay-film-festival-in-india-strikes-a-chord.html">remained apprehensive</a> of the new government’s social conservatism, and were aware that the films portrayed acts now illegal in India.</p>
<p><i><span style="text-decoration: underline;">Manipur</span></i><span>:</span></p>
<p>At the inauguration of the 42nd All Manipur Shumang Leela Festival, V.K. Duggal, State Governor and Chairman of the Manipur State Kala Akademi, warned that the art form was <a href="http://kanglaonline.com/2014/05/digital-age-a-threat-to-shumang-leela-says-gov/">under threat in the digital age</a>, as Manipuri films are replacing it in popularity.</p>
<p><i><span style="text-decoration: underline;">Rajasthan</span></i><span>:</span></p>
<p>Following the lead of the Lok Sabha, the Rajasthan state assembly has <a href="http://timesofindia.indiatimes.com/city/jaipur/Rajasthan-assembly-gets-digital-conference-system-to-keep-the-house-in-order/articleshow/35691967.cms">adopted a digital conference and voting system</a> to make the proceedings in the House more efficient and transparent.</p>
<p><i><span style="text-decoration: underline;">Seemandhra</span></i><span>:</span></p>
<p>Seemandhra Chief Minister designate N. Chandrababu Naidu <a href="http://www.thehindubusinessline.com/news/states/naidu-promises-a-cyberabad-again/article6053614.ece">promised</a> a repeat of his hi-tech city miracle ‘Cyberabad’ in Seemandhra.</p>
<p><i><span style="text-decoration: underline;">West Bengal</span></i><span>:</span></p>
<p>West Bengal government has hired PSU Urban Mass Transit Company Limited to <a href="http://timesofindia.indiatimes.com/city/kolkata/City-buses-to-go-hi-tech-soon/articleshow/35692438.cms">study, install and operationalize Intelligent Transport System</a> in public transport in Kolkata. GPS will guide passengers about real-time bus routes and availability. While private telecom operators have offered free services to the transport department, there are no reports of an end-date or estimated expenditure on the project.</p>
<p><i><span style="text-decoration: underline;">News and Opinion</span></i><span>:</span></p>
<p>Over a week ago, Avantika Banerjee <a href="http://www.iltb.net/2014/05/internet-policy-india-direction-will-new-government-head/">wrote a speculative post</a> on the new government’s stance towards Internet policy. At <i>Fair Observer</i>, Gurpreet Mahajan <a href="http://www.fairobserver.com/region/central_south_asia/the-politics-of-bans-limiting-the-freedom-of-speech-in-india-59018/">laments</a> that community politics in India has made a lark of banning books.<span></span></p>
<p>India’s Computer Emergency Response Team (CERT-In) <a href="http://timesofindia.indiatimes.com/tech/tech-news/Cert-In-issues-security-warning-against-Internet-Explorer-8/articleshow/35632580.cms">has detected</a> high-level virus activity in Microsoft’s Internet Explorer 8, and recommends upgrading to Explorer 11.</p>
<p>Of the projected 400 million users that Twitter will have by 2018, <a href="http://www.indiatimes.com/technology/internet/india-surpasses-uk-in-twitter-userbase-151212.html">India and Indonesia are expected to outdo</a> the United Kingdom in user base. India saw nearly 60% growth in user base this year, and Twitter played a major role in Elections 2014. India will have <a href="http://www.mydigitalfc.com/news/india-have-third-largest-twitter-population-2014-246">over 18.1 million</a> users by 2018.</p>
<p><i><span style="text-decoration: underline;">Elsewhere in the world</span></i><span>:</span></p>
<p>Placing a bet on the ‘Internet of Everything’, Cisco CEO John Chambers <a href="http://www.thehindubusinessline.com/todays-paper/tp-info-tech/cisco-chief-predicts-brutal-consolidation-in-the-technology-industry/article6051133.ece">predicted</a> a “<i>brutal consolidation</i>” of the IT industry in the next five years. A new MarketsandMarkets report <a href="http://www.thehindubusinessline.com/features/newmanager/worldwide-web-widens/article6054165.ece">suggests</a> that the value of the ‘Internet of Things’ may reach US $1423.09 billion by 2020 at an estimated CAGR of 4.08% from 2014 to 2020.</p>
<p>China’s Xinhua News Agency <a href="http://www.thehindubusinessline.com/news/international/china-clamps-down-on-instant-messaging-services/article6056514.ece">announced its month-long campaign</a> to fight “<i>infiltration from hostile forces at home and abroad</i>” through instant messaging. Message providers WeChat, Momo, Mi Talk and Yixin have expressed their willingness to cooperate in targeting those engaging in fraud, or in spreading ‘rumours’, violence, terrorism or pornography. In March this year, <a href="http://indianexpress.com/article/world/asia/china-cracks-down-on-instant-messaging-services/">WeChat deleted</a> at least 40 accounts with political, economic and legal content.</p>
<p>Thailand’s military junta interrupted national television broadcast <a href="http://indianexpress.com/article/world/world-others/thai-red-shirts-freed-as-facebook-block-sows-panic/">to deny any role in an alleged Facebook-block</a>. The site went down briefly and caused alarm among netizens.</p>
<p>Snowden <a href="http://indianexpress.com/article/world/americas/edward-snowden-no-relationship-with-russian-government/">continues to assure that he is not a Russian spy</a>, and has no relationship with the Russian government.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/foex-live-may-28-29-2014'>https://cis-india.org/internet-governance/blog/foex-live-may-28-29-2014</a>
</p>
No publishergeethaFreedom of Speech and ExpressionIT ActFOEX LiveSocial Media2014-05-29T08:58:47ZBlog EntryFOEX Live: May 26-27, 2014
https://cis-india.org/internet-governance/blog/foex-live-may-26-27-2014
<b>A selection of news from across India implicating online freedom of expression and use of digital technology</b>
<p>Media reports across India are focusing on the new government and its Cabinet portfolios. In the midst of the celebration of and grief over the regime change, we found many reports indicating that civil society is wary of the new government’s stance towards Internet freedoms.<span> </span></p>
<p><i><span style="text-decoration: underline;">Andhra Pradesh</span></i>:</p>
<p>Andhra MLA and All India Majlis-e-Ittihad ul-Muslimin member Akbaruddin Owaisi <a href="http://www.asianage.com/mumbai/court-summons-owaisi-312">has been summoned to appear</a> before a Kurla magistrate’s court on grounds of alleged hate speech and intention to harm harmony of Hinduism and Islam. Complainant Gulam Hussain Khan saw an online video of a December 2012 speech by Owaisi and filed a private complaint with the court. “<i>I am prima facie satisfied that it disclosed an offence punishable under Section(s) 153A and 295A of the Indian Penal Code</i>,” the Metropolitan Magistrate said.</p>
<p><i><span style="text-decoration: underline;">Goa</span></i>:</p>
<p>A Goa Sessions Judge <a href="http://timesofindia.indiatimes.com/city/goa/Comments-of-Devu-Chodankar-prima-facie-offensive-Judge/articleshow/35612485.cms">has dismissed</a> shipbuilding diploma engineer Devu Chodankar’s application for anticipatory bail. On the basis of an April 26 complaint by CII state president Atul Pai Kane, Goa cybercrime cell registered a case against Chodankar for allegedly posting matter on a Facebook group with the intention of promoting enmity between religious groups in view of the 2014 general elections. The Judge noted, <i>inter alia</i>, that Sections 153A and 295A of the Indian Penal Code were attracted, and that it is necessary to find out whether, on the Internet, “<i>there is any other material which could be considered as offensive or could create hatred among different classes of citizens of India</i>”.</p>
<p><i><span style="text-decoration: underline;">Karnataka</span></i>:</p>
<p>Syed Waqas, an MBA student from Bhatkal pursuing an internship in Bangalore, was <a href="http://www.thehindu.com/news/national/karnataka/student-from-bhatkal-held-for-antimodi-mms/article6047440.ece">picked up for questioning</a> along with four of his friends after Belgaum social activist Jayant Tinaikar filed a complaint. The cause of the complaint was a MMS, allegedly derogatory to Prime Minister Narendra Modi. After interrogation, the Khanapur (Belgaum) police let Waqas off on the ground that Waqas was <a href="http://www.thehindu.com/news/national/karnataka/waqas-let-off-after-questioning/article6052077.ece">not the originator</a> of the MMS, and that Mr. Tinaikar had <a href="http://www.thehindu.com/news/national/karnataka/mms-case-complainant-gave-incorrect-number/article6052079.ece">provided an incorrect mobile phone number</a>.</p>
<p>In another part of the country, <a href="https://twitter.com/digvijaya_28/status/470755694488977408">Digvijaya Singh is vocal</a> about Indian police’s zealous policing of anti-Modi comments, while they were <a href="http://www.sahilonline.org/english/newsDetails.php?cid=3&nid=24840">all but visible</a> when former Prime Minister Dr. Manmohan Singh was the target of abusive remarks.</p>
<p><i><span style="text-decoration: underline;">Kerala</span></i>:</p>
<p>The Anti-Piracy Cell of Kerala Police <a href="http://www.thehindu.com/news/national/kerala/crackdown-on-sale-of-smut/article6049136.ece">plans to target</a> those uploading pornographic content on to the Internet and its sale through memory cards. A circular to this effect has been issued to all police stations in the state, and civil society cooperation is requested.<span> </span></p>
<p>In other news, Ernakulam MLA Hibi Eden <a href="http://www.thehindu.com/news/cities/Kochi/your-mla-is-just-a-phone-call-away/article6039644.ece">inaugurated “Hibi on Call”</a>, a public outreach programme that allows constituents to reach the MLA directly. A call on 1860 425 1199 registers complaints.</p>
<p><i><span style="text-decoration: underline;">Maharashtra</span></i><span>:</span></p>
<p>Mumbai police are investigating <a href="http://www.thehindu.com/news/cities/mumbai/mumbai-police-seeks-explanation-on-drone-pizza-delivery/article6043644.ece">pizza delivery by an unmanned drone</a>, which they consider a security threat.</p>
<p><i><span style="text-decoration: underline;">Tamil Nadu</span></i><span>:</span></p>
<p>Small and home-run businesses in Chennai <a href="http://www.thehindu.com/news/cities/chennai/with-technology-small-businesses-have-big-reach/article6050497.ece?homepage=true">are flourishing</a> with the help of Whatsapp and Facebook: Mohammed Gani helps his customers match bangles with Whatsapp images, Ayeesha Riaz and Bhargavii Mani send cakes and portraits to Facebook-initiated customers. Even doctors <a href="http://www.thehindu.com/news/cities/chennai/doctors-on-call-in-social-media-platforms-too/article5951628.ece">spread</a> information and awareness using Facebook. In Madurai, you can <a href="http://www.thehindu.com/news/cities/Madurai/groceries-just-a-click-away/article6052163.ece">buy groceries</a> online, too.</p>
<p><i><span style="text-decoration: underline;">Opinion</span></i>:</p>
<p>Chethan Kumar fears that Indian cyberspace <a href="http://timesofindia.indiatimes.com/city/bangalore/Online-free-speech-hangs-by-a-thread/articleshow/35624481.cms">is strangling freedom of expression</a> through the continued use of the ‘infamous’ <a href="https://cis-india.org/internet-governance/resources/section-66A-information-technology-act">Section 66A</a> of the Information Technology Act, 2000 (as amended in 2008). Sunil Garodia <a href="http://www.theindianrepublic.com/tbp/obnoxious-sec-66a-it-act-must-go-100037442.html">expresses similar concerns</a>, noting a number of arrests made under Section 66A.</p>
<p>However, Ankan Bose has a different take; <a href="http://indiaspeaksnow.com/freedom-speech-cant-interpreted-freedom-threaten/">he believes</a> there is a thin but clear line between freedom of expression and a ‘freedom to threaten’, and believes Devu Chodankar and Syed Waqar may have crossed that line. For more on Section 66A, please redirect <a href="https://cis-india.org/internet-governance/blog/breaking-down-section-66-a-of-the-it-act">here</a>.</p>
<p>While Nikhil Pahwa <a href="http://www.medianama.com/2014/05/223-ravi-shankar-prasad-telecom/">is cautious of the new government’s stance</a> towards Internet freedoms, given the (as yet) mixed signals of its ministers, Shaili Chopra <a href="http://www.dnaindia.com/analysis/standpoint-from-namo-to-pmo-narendra-modi-and-the-political-power-of-social-media-1991493">ruminates</a> on the new government’s potential dive into a “digital mutiny and communications revolution” and wonders about Modi’s social media management strategy. For <i>Kashmir Times</i> reader Hardev Singh, even Kejriwal’s arrest for allegedly defaming Nitin Gadkari <a href="http://www.kashmirtimes.com/newsdet.aspx?q=32715">will lead to a chilling effect</a> on freedom of expression.</p>
<p>Elsewhere, the <i><a href="http://www.hindustantimes.com/india-news/allaboutnarendramodi/narendra-modi-takes-oath-as-pm-what-ht-readers-want-from-new-prime-minister/article1-1223119.aspx">Hindustan Times is intent</a></i> on letting Prime Minister Narendra Modi know that his citizens demand their freedom of speech and expression. Civil society and media all over India <a href="http://exitopinionpollsindia.blogspot.in/2014/05/as-freedom-of-expression-in-india-is.html">express their concerns</a> for their freedom of expression in light of the new government.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/foex-live-may-26-27-2014'>https://cis-india.org/internet-governance/blog/foex-live-may-26-27-2014</a>
</p>
No publishergeethaIPCSocial MediaFreedom of Speech and ExpressionFOEX LiveIT ActTransparency, Politics2014-05-27T12:42:51ZBlog EntryStudents lead the way with apps for ideas
https://cis-india.org/news/times-of-india-may-21-2014-sruthy-susan-ullas-students-lead-the-way-with-apps-for-ideas
<b>At 1am, the lights are still on in 15-year-old Pratik's room at his house on 80 Feet Road, Indiranagar. The NPS-Koramangala student is busy typing code on his laptop for his latest app called Resolve.</b>
<p>The article <a class="external-link" href="http://timesofindia.indiatimes.com/city/bangalore/Students-lead-the-way-with-apps-for-ideas/articleshow/35399402.cms">published in the Times of India</a> on May 21, 2014 quotes Nishant Shah.</p>
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<p style="text-align: justify; ">Pratik epitomizes Gen X. Coding and decoding, these school children, barely into their teens, are developing apps drawing attention worldwide.</p>
<p style="text-align: justify; ">"I learnt coding by myself with the help of the internet. The world wants things simplified and that's why apps are a hit. The first app I made was a calculator because my dad was unhappy with the one on his phone. My work was initially rejected, but I knew that would happen. But I continued working. When I went to a Microsoft conference, they told me youngsters have ideas to change the world and we have the time," said Pratik.</p>
<p style="text-align: justify; ">He was felicitated with a Nokia Lumia 1520 at the Windows Azure Conference 2014 for his work in developing apps for Windows and Windows Phone store.</p>
<p style="text-align: justify; ">Rahul Yedida, a Class 12 student at the National Centre for Excellence, has around 18,000 downloads for the app he and his friend created. "I wasn't too happy with the amount of Maths homework. I started wondering whether an app could do it. At the same time, I had learnt a new language and wanted to test my skills. That's how I started working on it," said Rahul.</p>
<p style="text-align: justify; ">"Programming is fun. Seeing a computer work the way you want it to gives you special joy," said Vaisakh M, Rahul's co-developer. They sent a letter to Bill Gates about the app and got a reply lauding their achievement.</p>
<p style="text-align: justify; "><b>Quote hanger<br /></b>* During my free time, I read about programming which helps me when I write programs. My friends in the colony join me when I watch videos about it. They do programs in other languages. I play games and used to wonder how they're made. My dad promised to get me a laptop if I start programming and that's how it started.<b> </b></p>
<p style="text-align: justify; "><i>Thrisha Mohan| 12, Vidyashilp Academy, now working on a jewellery app</i></p>
<p style="text-align: justify; ">* Apps are the cool things to do now. With the kind of access possible thanks to smart phones, they have gone to the masses. I wouldn't be surprised at the number of apps being created. When an app is created in a college dormitory, 1,000 students in the college will download it. That's instant gratification. The ecosystem is such that with social networking sites, you become an instant hero. The question is: How many can be successful and have a long life?</p>
<p style="text-align: justify; "><i>S Sadagopan | director, IIIT-B</i></p>
<p style="text-align: justify; ">* Apps are more relevant for those growing up with interfaces which are mobile and wearable. We also need to realise there is a growing generation of people whose first point of access to the digital as well as to the connected worlds of the internet is through mobile devices. And apps are a natural way of interaction. It is a positive trend because it allows users to think of themselves not only as 'users' but as active producers of the digital world. They look beyond platforms made available by multi-national companies or private enterprises, and it allows them to build communities of interaction and learning between them. We need to make sure they are safe and not susceptible to invasive presence of others who might exploit their presence on the web.</p>
<p style="text-align: justify; "><i>Nishant Shah | director- research, The Centre for Internet and Society</i></p>
<p style="text-align: justify; "><i><br /></i></p>
<p>
For more details visit <a href='https://cis-india.org/news/times-of-india-may-21-2014-sruthy-susan-ullas-students-lead-the-way-with-apps-for-ideas'>https://cis-india.org/news/times-of-india-may-21-2014-sruthy-susan-ullas-students-lead-the-way-with-apps-for-ideas</a>
</p>
No publisherpraskrishnaSocial MediaInternet Governance2014-05-28T09:24:30ZNews ItemEuropean Court of Justice rules Internet Search Engine Operator responsible for Processing Personal Data Published by Third Parties
https://cis-india.org/internet-governance/blog/ecj-rules-internet-search-engine-operator-responsible-for-processing-personal-data-published-by-third-parties
<b>The Court of Justice of the European Union has ruled that an "an internet search engine operator is responsible for the processing that it carries out of personal data which appear on web pages published by third parties.” The decision adds to the conundrum of maintaining a balance between freedom of expression, protecting personal data and intermediary liability.</b>
<p style="text-align: justify; ">The ruling is expected to have considerable impact on reputation and privacy related takedown requests as under the decision, data subjects may approach the operator directly seeking removal of links to web pages containing personal data. Currently, users prove whether data needs to be kept online—the new rules reverse the burden of proof, placing an obligation on companies, rather than users for content regulation.</p>
<h3>A win for privacy?</h3>
<p style="text-align: justify; ">The ECJ ruling addresses Mario Costeja González complaint filed in 2010, against Google Spain and Google Inc., requesting that personal data relating to him appearing in search results be protected and that data which was no longer relevant be removed. Referring to <a href="http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995L0046:en:HTML">the Directive 95/46/EC</a> of the European Parliament, the court said, that Google and other search engine operators should be considered 'controllers' of personal data. Following the decision, Google will be required to consider takedown requests of personal data, regardless of the fact that processing of such data is carried out without distinction in respect of information other than the personal data.</p>
<p style="text-align: justify; ">The decision—which cannot be appealed—raises important of questions of how this ruling will be applied in practice and its impact on the information available online in countries outside the European Union. The decree forces search engine operators such as Google, Yahoo and Microsoft's Bing to make judgement calls on the fairness of the information published through their services that reach over 500 million people across the twenty eight nation bloc of EU.</p>
<p style="text-align: justify; ">ECJ rules that search engines 'as a general rule,' should place the right to privacy above the right to information by the public. Under the verdict, links to irrelevant and out of date data need to be erased upon request, placing search engines in the role of controllers of information—beyond the role of being an arbitrator that linked to data that already existed in the public domain. The verdict is directed at highlighting the power of search engines to retrieve controversial information while limiting their capacity to do so in the future.</p>
<p style="text-align: justify; ">The ruling calls for maintaining a balance in addressing the legitimate interest of internet users in accessing personal information and upholding the data subject’s fundamental rights, but does not directly address either issues. The court also recognised, that the data subject's rights override the interest of internet users, however, with exceptions pertaining to nature of information, its sensitivity for the data subject's private life and the role of the data subject in public life. Acknowledging that data belongs to the individual and is not the right of the company, European Commissioner Viviane Reding, <a href="https://www.facebook.com/permalink.php?story_fbid=304206613078842&id=291423897690447&_ga=1.233872279.883261846.1397148393">hailed the verdict</a>, "a clear victory for the protection of personal data of Europeans".</p>
<p style="text-align: justify; ">The Court stated that if data is deemed irrelevant at the time of the case, even if it has been lawfully processed initially, it must be removed and that the data subject has the right to approach the operator directly for the removal of such content. The liability issue is further complicated by the fact, that search engines such as Google do not publish the content rather they point to information that already exists in the public domain—raising questions of the degree of liability on account of third party content displayed on their services.</p>
<p style="text-align: justify; ">The ECJ ruling is based on the case originally filed against Google, Spain and it is important to note that, González argued that searching for his name linked to two pages originally published in 1998, on the website of the Spanish newspaper La Vanguardia. The Spanish Data Protection Agency did not require La Vanguardia to take down the pages, however, it did order Google to remove links to them. Google appealed this decision, following which the National High Court of Spain sought advice from the European court. The definition of Google as the controller of information, raises important questions related to the distinction between liability of publishers and the liability of processors of information such as search engines.</p>
<h3>The 'right to be forgotten'</h3>
<p style="text-align: justify; ">The decision also brings to the fore, the ongoing debate and <a href="http://www.theguardian.com/technology/2013/apr/04/britain-opt-out-right-to-be-forgotten-law">fragmented opinions within the EU</a>, on the right of the individual to be forgotten. The <a href="http://www.bbc.com/news/technology-16677370">'right to be forgotten</a>' has evolved from the European Commission's wide-ranging plans of an overhaul of the commission's 1995 Data Protection Directive. The plans for the law included allowing people to request removal of personal data with an obligation of compliance for service providers, unless there were 'legitimate' reasons to do otherwise. Technology firms rallying around issues of freedom of expression and censorship, have expressed concerns about the reach of the bill. Privacy-rights activist and European officials have upheld the notion of the right to be forgotten, highlighting the right of the individual to protect their honour and reputation.</p>
<p style="text-align: justify; ">These issues have been controversial amidst EU member states with the UK's Ministry of Justice claiming the law 'raises unrealistic and unfair expectations' and has <a href="http://www.theguardian.com/technology/2013/apr/04/britain-opt-out-right-to-be-forgotten-law">sought to opt-out</a> of the privacy laws. The Advocate General of the European Court <a href="http://curia.europa.eu/juris/document/document.jsf?text=&docid=138782&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=362663#Footref91">Niilo Jääskinen's opinion</a>, that the individual's right to seek removal of content should not be upheld if the information was published legally, contradicts the verdict of the ECJ ruling. The European Court of Justice's move is surprising for many and as Richard Cumbley, information-management and data protection partner at the law firm Linklaters <a href="http://turnstylenews.com/2014/05/13/europe-union-high-court-establishes-the-right-to-be-forgotten/">puts it</a>, “Given that the E.U. has spent two years debating this right as part of the reform of E.U. privacy legislation, it is ironic that the E.C.J. has found it already exists in such a striking manner."</p>
<p style="text-align: justify; ">The economic implications of enforcing a liability regime where search engine operators censor legal content in their results aside, the decision might also have a chilling effect on freedom of expression and access to information. Google <a href="http://www.theguardian.com/technology/2014/may/13/right-to-be-forgotten-eu-court-google-search-results">called the decision</a> “a disappointing ruling for search engines and online publishers in general,” and that the company would take time to analyze the implications. While the implications of the decision are yet to be determined, it is important to bear in mind that while decisions like these are public, the refinements that Google and other search engines will have to make to its technology and the judgement calls on the fairness of the information available online are not public.</p>
<p style="text-align: justify; ">The ECJ press release is available <a href="http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-05/cp140070en.pdf">here</a> and the actual judgement is available <a href="http://curia.europa.eu/juris/documents.jsf?pro=&lgrec=en&nat=or&oqp=&lg=&dates=&language=en&jur=C%2CT%2CF&cit=none%252CC%252CCJ%252CR%252C2008E%252C%252C%252C%252C%252C%252C%252C%252C%252C%252Ctrue%252Cfalse%252Cfalse&num=C-131%252F12&td=%3BALL&pcs=Oor&avg">here</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/ecj-rules-internet-search-engine-operator-responsible-for-processing-personal-data-published-by-third-parties'>https://cis-india.org/internet-governance/blog/ecj-rules-internet-search-engine-operator-responsible-for-processing-personal-data-published-by-third-parties</a>
</p>
No publisherjyotiFreedom of Speech and ExpressionSocial MediaInternet GovernanceIntermediary Liability2014-05-14T14:18:46ZBlog EntryNetworks: What You Don’t See is What You (for)Get
https://cis-india.org/internet-governance/blog/dml-central-april-17-2014-nishant-shah-networks-what-you-dont-see-is-what-you-for-get
<b>When I start thinking about DML (digital media and learning) and other such “networks” that I am plugged into, I often get a little confused about what to call them.</b>
<p style="text-align: justify; ">The blog entry was originally <a class="external-link" href="http://dmlcentral.net/blog/nishant-shah/networks-what-you-don%E2%80%99t-see-what-you-forget">published in DML Central</a> on April 17, 2014 and mirrored in <a class="external-link" href="http://hybridpublishing.org/2014/05/what-you-dont-see-is-what-you-forget/">Hybrid Publishing Lab</a> on May 13, 2014.</p>
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<p style="text-align: justify; ">Are we an ensemble of actors? A cluster of friends? A conference of scholars? A committee of decision makers? An array of perspectives? A group of associates? A play-list of voices? I do not pose these questions rhetorically, though I do enjoy rhetoric. I want to look at this inability to name collectives and the confusions and ambiguity it produces as central to our conversations around digital thinking. In particular, I want to look at the notion of the network. Because, I am sure, that if we were to go for the most neutralised digital term to characterise this collection that we all weave in and out of, it would have to be the network. We are a network.<a href="#fn1" name="fr1">[1] </a></p>
<p style="text-align: justify; ">But, what does it mean to say that we are a network? The network is a very strange thing. Especially within the realms of the Internet, which, in itself, purports to be a giant network, the network is self-explanatory, self-referential and completely denuded of meaning. A network is benign, and like the digital, that foregrounds the network aesthetic, the network is inscrutable. You cannot really touch a network or name it. You cannot shape it or define it. You can produce momentary snapshots of it, but you can never contain it or limit it. The network cannot be held or materially felt.</p>
<p style="text-align: justify; ">And yet, the network touches us. We live within networked societies. We engage in networking – network as a verb. We are a network – network as a noun. We belong to networks – network as a collective. In all these poetic mechanisms of network, there is perhaps the core of what we want to talk about today – the tension between the local and the global and the way in which we will understand the Internet and then the frameworks of governance and policy that surround it.</p>
<p style="text-align: justify; ">Let me begin with a genuine question. What predates the network? Because the network is a very new word. The first etymological trace of the network is in 1887, where it was used as a verb, within broadcast and communications models, to talk about an outreach. As in ‘to cover with a network.’ The idea of a network as a noun is older where in the 1550s, the idea of ‘net-like arrangements of threads, wires, etc.’ was first identified as a network. In the second half of the industrial 19th Century, the term network was used for understanding an extended, complex, interlocking system. The idea of network as a set of connected people emerged in the latter half of the 20thCentury. I am pointing at these references to remind us that the ubiquitous presence of the network, as a practice, as a collective, and as a metaphor that seeks to explain the rest of the world around us, is a relatively new phenomenon. And we need to be aware of the fact, that the network, especially as it is understood in computing and digital technologies, is a particular model through which objects, individuals and the transactions between them are imagined.</p>
<p style="text-align: justify; ">For anybody who looks at the network itself – especially the digital network that we have accepted as the basis on which everything from social relationships on Facebook to global financial arcs are defined – we know that the network is in a state of crisis.</p>
<h3 style="text-align: justify; ">Networks of crises: The Bangalore North East Exodus</h3>
<p>Let me illustrate the multiple ways in which the relationship between networks and crisis has been imagined through a particular story. In August 2012, I woke up one morning to realise that I was living in a city of crisis. Bangalore, which is one of my homes, where the largest preoccupations to date have been about bad roads, stray dogs, and occasionally, the lack of a nightlife, was suddenly a space that people wanted to flee and occupy simultaneously.</p>
<p style="text-align: justify; ">Through the technology mediated gossip mill that produced rumours faster than the speed of a digital click, imagination of terror, danger, and material harm found currency. The city suddenly witnessed thousands of people running away from it, heading back to their imagined homelands. It was called the North East exodus, where, following an ethnic-religious clash between two traditionally hostile communities in Assam, there were rumours that the large North East Indian community in Bangalore was going to be attacked by certain Muslim factions at the end of Ramadan.<br />The media spectacle of the exodus around questions of religion, ethnicity, regionalism and belonging only emphasised the fact that there is a new way of connectedness that we live in – the network society that no longer can be controlled, contained or corrected by official authorities and their voices. Despite a barrage of messages from law enforcement and security authorities, on email, on large screens on the roads, and on our cell phones, there was a growing anxiety and a spiralling information explosion that was producing an imaginary situation of precariousness and bodily harm. For me, this event, was one of the first signalling how to imagine the network society in a crisis, especially when it came to Bangalore, which is supposed to represent the Silicon dreams of an India that is shining brightly. While there is much to be unpacked about the political motivations and the ecologies of fear that our migrant lives in global cities are enshrined in, I want to specifically focus on what the emergence of this network society means.</p>
<p style="text-align: justify; ">There is an imagination, especially in cities like Bangalore, of digital technologies as necessarily plugging in larger networks of global information consumption. The idea that technology plugs us into the transnational circuits is so huge that it only tunes us toward an idea of connectedness that is always outward looking, expanding the scope of nation, community and body.</p>
<p style="text-align: justify; ">However, the ways in which information was circulating during this phenomenon reminds us that digital networks are also embedded in local practices of living and survival. Most of the time, these networks are so natural and such an integral part of our crucial mechanics of urban life that they appear as habits, without any presence or visibility. In times of crises – perceived or otherwise – these networks make themselves visible, to show that they are also inward looking. But in this production of hyper-visible spectacles, the network works incessantly to make itself invisible.</p>
<p style="text-align: justify; ">Which is why, in the case of the North East exodus, the steps leading to the resolution of the crisis, constructed and fuelled by networks is interesting. As government and civil society efforts to control the rumours and panic reached an all-time high and people continued to flee the city, the government eventually went in to regulate the technology itself. There were expert panel discussions about whether the digital technologies are to be blamed for this rumour mill. There was a ban on mass-messaging and there was a cap on the number of messages which could be sent on a day by each mobile phone subscriber. The Information and Broadcast Ministry along with the Information Technologies cell, started monitoring and punishing people for false and inflammatory information.</p>
<h3 style="text-align: justify; ">Network as Crisis: The unexpected visibility of a network</h3>
<p style="text-align: justify; ">What, then, was the nature of the crisis in this situation? It is a question worth exploring. We would imagine that this crisis was a crisis about the nationwide building of mega-cities filled with immigrant bodies that are not allowed their differences because they all have to be cosmopolitan and mobile bodies. The crisis could have been read as one of neo-liberal flatness in imagining the nation and its fragments, that hides the inherent and historical sites of conflict under the seductive rhetoric of economic development. And yet, when we look at the operationalization of the resolutions, it looked as if the crisis was the appearance and the visibility of the hitherto hidden local networks of information and communication.</p>
<p style="text-align: justify; ">In her analysis of networks, Brown University’s Wendy Chun posits that this is why networks are an opaque metaphor. If the function of metaphor is to explain, through familiarity, objects which are new to us, the network as an explanatory paradigm presents a new conundrum. While the network presumes and exteriority that it seeks to present, while the network allows for a subjective interiority of the actor and its decisions, while the network grants visibility and form to the everyday logic of organisation, what the network actually seeks to explain is itself. Or, in less evocative terms, the network is not only the framework through which we analyse, but it is also the object of analyses. Once the network has been deployed as a paradigm through which to understand a crisis, once the network has made itself visible, all our efforts are driven at explaining and strengthening, and almost like digital mothers, comfort the network back into its peaceful existence as infrastructure. We develop better tools to regulate the network. We define new parameters to mine the data more effectively. We develop policies to govern and govern through the network with greater transparency and ease.</p>
<p style="text-align: justify; ">Thus, in the case of the North East exodus, instead of addressing the larger issues of conservative parochialism, an increasing backlash by right-wing governments and a growing hostility that emerges from these cities that nobody possesses and nobody belongs to, the efforts were directed at blaming technology as the site where the problem is located and the network as the object that needs to be controlled. What emerged was a series of corrective mechanisms and a set of redundant regulations that controlled the number of text messages that people were able to send per day or policing the Internet for spreading rumours. The entire focus was on information management, as if the reason for the mass exodus of people from the NE Indian states and the sense of fragility that the city had been immersed in, was all due to the pervasive and ubiquitous information gadgets and their ability to proliferate in p2p (peer-to-peer) environments outside of the government’s control. This lack of exteriority to the network is something that very few critical voices have pointed out.</p>
<p style="text-align: justify; ">Duncan Watts, the father of network computing, working through the logic of nodes, traffic and edges, has suggested there is a great problem in the ways in which we understand the process of network making. I am paraphrasing his complex mathematical text that explains the production of physical networks – what he calls the small worlds – and pointing out his strong critique about how the social scientists engage with networks. In the social sciences’ imagination of networks, there is a messy exteriority – fuzzy, complex and often not reducible to patterns or basic principles. The network is a distilling of the messy exteriority, a representation of the complex interplay between different objects and actors, and a visual mapping of things as they are. Which is to say, we imagine there is a material reality and the network is a tool by which this reality, or at least parts of this reality, are mapped and represented to us in patterns which can help us understand the true nature of this reality.</p>
<p style="text-align: justify; ">Drawing from practices of network modelling and building, Watts proved, that we have the equation wrong. The network is not a representation of reality but the ontology of reality. The network is not about trying to make sense of an exteriority. Instead, the network is an abstract and ideological map that constructs the reality in a particular way. In other words, the network precedes the real, and because of its ability to produce objective, empiricist and reductive principles (constantly filtering out that which is not important to the logic or the logistics of the network design), it then gives us a reality that is produced through the network principles. To make it clear, the network representation is not the derivative of the real but the blue-print of the real. And the real as we access it, through these networked tools, is not the raw and messy real but one that is constructed and shaped by the network in those ways. The network, then, needs to be understood, examined and critiqued, not as something that represents the natural, but something that shapes our understanding of the natural itself.</p>
<p style="text-align: justify; ">In the case of the Bangalore North East Exodus, the network and its visibility created a problem for us – and the problem was, that the network, which is supposed to be infrastructure, and hence, by nature invisible, had suddenly become visible. We needed to make sure that it was shamed, blamed, named and tamed so that we can go back to our everyday practices of regulation, governance and policy.</p>
<h3 style="text-align: justify; ">The Intersectional Network</h3>
<p style="text-align: justify; ">What I want to emphasise, then, is that this binary of local versus the global, or local working in tandem with global, or the quaintly hybridised glocal are not very generative in thinking of policy and politics around the Internet. What we need is to recognise what gets hidden in this debate. What becomes visible when it is not supposed to? What remains invisible beyond all our efforts? And how do we develop a framework that actually moves beyond these binary modes of thinking, where the resolution is either to collapse them or to pretend that they do not exist in the first place? Working with frameworks like the network makes us aware of the ways in which these ideas of the global and the local are constructed and continue to remain the focus of our conversations, making invisible the real questions at hand.</p>
<p style="text-align: justify; ">Hence, we need to think of networks, not as spaces of intersection, but in need of intersections. The networks, because of their predatory, expanding nature, and the constant interaction with the edges, often appear as dynamic and inclusive. We need to now think of the networks as in need of intersections – or of intersectional networks. Developing intersections, of temporality, of geography and of contexts are great. But, we need to move one step beyond – and look at the couplings of aspiration, inspiration, autonomy, control, desire, belonging and precariousness that often mark the new digital subjects. And our policies, politics and regulations will have to be tailored to not only stop the person abandoning her life and running to a place of safety, not only stop the rumours within the Information and communication networks, not only create stop-gap measures of curbing the flows of gossip, but to actually account for the human conditions of life and living.</p>
<hr />
<p style="text-align: justify; ">[<a href="#fr1" name="fn1">1</a>]. This post has grown from conversations across three different locations. The first draft of this talk was presented at the Habits of Living Conference, organised by the Centre for Internet & Society and Brown University, in Bangalore. A version of this talk found great inputs from the University of California Humanities Research Institute in Irvine, where I found great ways of sharpening the focus. The responses at the Milton Wolf Seminar at the America Austria Foundation, Austria, to this story, helped in making it more concrete to the challenges that the “network” throws to our digital modes of thinking. I am very glad to be able to put the talk into writing this time, and look forward to more responses.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/dml-central-april-17-2014-nishant-shah-networks-what-you-dont-see-is-what-you-for-get'>https://cis-india.org/internet-governance/blog/dml-central-april-17-2014-nishant-shah-networks-what-you-dont-see-is-what-you-for-get</a>
</p>
No publishernishantSocial MediaInternet Governance2014-05-28T09:30:45ZBlog EntryFacebook launches FB Newswire for journalists; loses part of its immunity under IT Act 2000
https://cis-india.org/news/dna-amrita-madhukalya-april-26-2014-facebook-launches-fb-newswire-for-journalists-loses-part-of-its-immunity-under-it-act-2000
<b>A bus accident in California, a fire in New Jersey and another in Vasant Kunj, NASA's successful test flight of its vertical take-off and landing craft, a ceremony to honour the sherpas who died during an avalanche at the Everest last week, and, Israel's suspension of talks with Palestinian authorities. These were some of the news that were disseminated on the first day of Facebook's newest social tool: a newswire to aid journalists and newsrooms.</b>
<p style="text-align: justify; ">The article was <a class="external-link" href="http://www.dnaindia.com/india/report-facebook-launches-fb-newswire-for-journalists-loses-part-of-its-immunity-under-it-act-2000-1982198">published in DNA</a> on April 26, 2014. Sunil Abraham is quoted.</p>
<hr />
<p style="text-align: justify; ">In a tie-up with News Corp's Storyful, Facebook launched the Newswire late on Thursday to function as a tool to aid journalists and newsrooms to "find, share and embed newsworthy content from Facebook in the media they produce". Apart from Facebook, the tool is also accessible on twitter at @FBNewswire.</p>
<p style="text-align: justify; ">"FB Newswire aggregates newsworthy content shared publicly on Facebook by individuals and organisations across the world for journalists to use in their reporting. This will include original photos, videos and status updates posted by people on the front lines of major events like protests, elections and sporting events," said Andy Mitchell, director of news and global media partnerships at Facebook, via a Facebook blog post.</p>
<p style="text-align: justify; ">Facebook has been in the centre of the internet security debate for a while; claiming immunity from legal provisions citing its non-curatorial approach and also denying responsibility for the news the social media network produces. "With the launch of this new tool, Facebook is not only curating information, it also directs knowledge of the content its produces through the newswire. That makes it legally responsible under the Information Technology Act (2000)", says Sunil Abraham, director of the Centre for Internet and Society (CIS).</p>
<p style="text-align: justify; ">The move is also seen as Facebook attempting to reach out to journalists, and eat away into the space that Twitter has occupied in the dissemination of information. Facebook has largely been operating as a social media network; and its move into the new-making space is seen as an expansion in that direction.</p>
<p style="text-align: justify; ">"There might be some competition for journalists and traditional media outlets. But largely, Facebook's tie-ups with broadcasters and political parties, where it has been promoting content in exchange for compensation, has not been transparent," says Abraham.</p>
<p style="text-align: justify; ">With more than a billion users, Facebook is considered the largest social media network. In a statement on April 24, Facebook revealed that more than half of the world's internet population now uses the social media network and recorded a 72% increase in its revenues in the first quarter of the year.</p>
<p>
For more details visit <a href='https://cis-india.org/news/dna-amrita-madhukalya-april-26-2014-facebook-launches-fb-newswire-for-journalists-loses-part-of-its-immunity-under-it-act-2000'>https://cis-india.org/news/dna-amrita-madhukalya-april-26-2014-facebook-launches-fb-newswire-for-journalists-loses-part-of-its-immunity-under-it-act-2000</a>
</p>
No publisherpraskrishnaIT ActInternet GovernanceSocial Media2014-05-06T05:41:03ZNews ItemLok sabha polls: Social media companies launch special pages for polls
https://cis-india.org/news/economic-times-april-10-2014-varuni-khosla-lok-sabha-polls
<b>Internet and social media giants such as Google and Facebook have launched special campaigns, pages and services around the Indian Lok Sabha elections to make the most of the world's largest democratic exercise that kicked off on Monday.</b>
<p>The article by Varuni Khosla was <a class="external-link" href="http://articles.economictimes.indiatimes.com/2014-04-10/news/49031894_1_social-media-companies-election-tracker-simplify360">published in the Economic Times</a> on April 10, 2014. Sunil Abraham is quoted.</p>
<hr />
<p style="text-align: justify; ">Big and small social media companies are looking to use the poll fever to augment their businesses by wooing new users and generating more traffic.</p>
<p style="text-align: justify; ">Google, for example, recently launched an election page along with a Google Hangout series and a 'Pledge to Vote' and 'Know Your Candidates' campaign that featured 97-year-old Shyam Saran Negi from Himachal Pradesh who has voted in every election in Independent India. Twitter has come up with a 'Discover' section of curated tweets while Facebook has launched an election trackers as well as a 'Facebook Talks' page.</p>
<p style="text-align: justify; ">Indian social platform Vebbler has unveiled 'Ungli' campaign while telecom operator MTS has tied up with Social Samosa for an election tracker.</p>
<p style="text-align: justify; ">"While in the short run it may just be a branding exercise, in the long run it could result in more sign-ups and convert into a wider user base for these companies," said Bhupendra Khanal, CEO and co-founder at social business intelligence company Simplify360.</p>
<p style="text-align: justify; ">"But it also shows how important India is as a market for these companies — that they are looking at generating information beyond short-term revenues," he added. Khanal said the most popular hashtags with mentions in last 30 days are #Elections2014, which got 46,000 mentions, and #Election2014:, with 36,000 mentions.</p>
<p style="text-align: justify; ">This shows that social media users are following and discussing the elections and candidates constantly. Raheel Khursheed, head of news, politics and government at Twitter India, said election candidates across political parties are using Twitter platform to break news, answer questions and post 'selfies'.</p>
<p style="text-align: justify; ">"This page lets voters see all the official Twitter feeds from political parties and candidates and will let voters make an informed choice before they go and vote," he said.</p>
<p style="text-align: justify; ">Sunil Abraham, executive director at non-profit charitable organisation Centre for Internet and Society, said social media companies are looking at earning close to 10% of the entire media spend by political parties.</p>
<p style="text-align: justify; ">"When they have election related features on their site, they can tell their advertisers (political parties) that they are a serious platform that talks politics," he said. "Also, when a user clicks on these ads that are being put up by parties, social media companies are able to gain granular information about the user's likes and dislikes and therefore figure out how to advertise to them in the future," Abraham added.</p>
<p style="text-align: justify; ">These make it doubly attractive for social media companies to have such services.</p>
<p style="text-align: justify; ">Also, experts say that it doesn't cost much at all to set up these special pages and launch campaigns. "Spends on these campaigns could cost social media companies just about Rs 10-20 lakh - including making videos and setting up pages," a social media agency head said.</p>
<p style="text-align: justify; ">This person said that about 60 million people have been discussing Indian Elections on social media, even though there are just about 40 million Twitter users in India. "So, a lot of interest has been taken in the elections from other countries," the person added.</p>
<p style="text-align: justify; ">Close to 65% of India's population is under the age of 35 and more and more young people in the country are using social media.</p>
<p style="text-align: justify; ">The Internet and Mobile Association of India (IMAI) estimates that a well-executed social media campaign can swing 3%–4% of votes. "Digital advertising in India has increased by 30% this year and around Rs 3402 crore is expected to be spent in 2014. Of this, social media spend is close to Rs 300 crore according to IMRB," says James Drake-Brockman, head of digital marketing division, DMG :: events.</p>
<p>
For more details visit <a href='https://cis-india.org/news/economic-times-april-10-2014-varuni-khosla-lok-sabha-polls'>https://cis-india.org/news/economic-times-april-10-2014-varuni-khosla-lok-sabha-polls</a>
</p>
No publisherpraskrishnaSocial MediaInternet Governance2014-04-14T11:28:54ZNews ItemThe politics of Facebook
https://cis-india.org/news/livemint-april-1-2014-shweta-taneja-the-politics-of-facebook
<b>With the social media becoming an important political battleground, is Facebook affecting friendships and trying to influence our political leanings? </b>
<div class="p" id="U200345218720FvG" style="text-align: justify; ">The article by Shweta Tiwari was <a class="external-link" href="http://www.livemint.com/Leisure/vmYyeUOmMYJUqHoaYKMgnJ/The-politics-of-Facebook.html">published in Livemint</a> on April 1, 2014. Dr. Nishant Shah is quoted.
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</div>
<div class="p" style="text-align: justify; "></div>
<div class="p" style="text-align: justify; ">When social activist Uthara Narayanan, 32, posted an innocuous article link on the Gujarat riots on Facebook in January, she was in for a surprise. An old friend from college fiercely defended Gujarat chief minister and Bharatiya Janata Party (BJP) prime ministerial candidate <span class="person"><a href="http://www.livemint.com/Search/Link/Keyword/Narendra%20Modi">Narendra Modi</a></span>, getting abrasive and personal in the post. “I had known her for more than 14 years and yet hadn’t seen this side to her,” says Narayanan. “I didn’t realize when she had gone off and gotten such strong views on the debate.”</div>
<div class="p" style="text-align: justify; "></div>
<div class="p" style="text-align: justify; ">From then on Narayanan decided to stay away from her friend though they live in the same city. “It left a bad taste in my mouth and marred our friendship for me, though I am still Facebook friends with her.” Almost as if agreeing with her, Facebook’s wall automatically started keeping her friend’s posts away from her wall—thanks to the EdgeRank algorithm.</div>
<div class="p" style="text-align: justify; "></div>
<h3 class="p" style="text-align: justify; ">Like-like stick together</h3>
<p style="text-align: justify; ">EdgeRank, the Facebook algorithm that decides which posts to show in your newsfeed, bases its decision on three factors: an affinity score between the user and the one who’s created the post, the type of post (comment, like, create or tag), and time lapsed since it was created. The first basically means that you will see posts from friends you have interacted with and like to interact with on the social network.</p>
<p style="text-align: justify; ">In January, Catherine Grevet, a PhD student at the Georgia Institute of Technology in the US, studied this algorithm in the light of politics and concluded that people tend to get attracted to circles of friends who affirm to their own political leanings, all because of Facebook’s algorithms. “People are mainly friends with those who share similar values and interests,” Grevet wrote in the study. “As a result, they aren’t exposed to opposing viewpoints.” Grevet presented the study at the 17th ACM Conference on Computer-Supported Cooperative Work and Social Computing in the US in February.</p>
<p style="text-align: justify; ">Alok Sharma, a Mumbai-based creative writer who used to be a political cartoonist, says social media has led to Indians opening up. “We are taught to be a little politically correct, especially in face-to-face conversations. But when it comes to social networking sites, Indians express their views like fanatics,” he says. He blocked a couple of Facebook friends after a spate of personal comments on one of his posts. “My friends know me and get the crux of what I might be trying to say in a thread but there are others who are on my Friends list but don’t understand the context and take it all wrong.”</p>
<p style="text-align: justify; ">The misunderstanding arises because many of us post on the network as we would speak among friends and not as we would say things in public. “Facebook is not a community, a clique or a group of friends,” says Nishant Shah, director of research at Bangalore-based non-profit The Centre for Internet and Society. “It is just a network,” he says. That means that not all people on your Facebook list are friends—you are just connected to them on the network. You might have a professional relationship with them, be teammates or acquaintances or colleagues, but you don’t know them personally. Given that the average Facebook user has 229 Facebook friends—according to the numbers from US think tank Pew Research Center’s Internet Project which tracks statistics about the social network—that’s just too many people to even know personally.</p>
<p style="text-align: justify; ">“The audience on the social network is much larger than the friend list, including Facebook itself, which, if it finds your comment problematic, will censor even before a complaint is produced,” says Shah. A post on Facebook or a comment or a like, can get you in trouble not just with other individuals or communities who take offence but even the law, as happened to a girl in 2012 who put up a post criticizing the shutdown of Mumbai after the death of Shiv Sena patriarch Bal Thackeray.</p>
<p style="text-align: justify; ">“Though used like it, Facebook is not a conversation,” says Shah, “Because everything you write is archived and recorded. And can be used against you if need be.”</p>
<h3 style="text-align: justify; ">A medium to shout in</h3>
<p style="text-align: justify; ">But would you shout at a stranger on the street as you do on Facebook? Basav Biradar, a programme manager based in Bangalore, actively posts on politics and comments on Facebook. He feels most people on Facebook give strong opinions that are not well-informed. “A lot of these opinions are dependent on propaganda and campaigns rather than facts. Why don’t people do some homework before forming an opinion?” With over 100 million Indians active on the social network, however, an uninformed opinion is hardly reason to stop anyone from posting, commenting, liking, offending and getting offended through posts on Facebook.</p>
<p style="text-align: justify; ">Shah calls this phenomenon cyber-bullying in politics. “Specific vocal and passionate groups and communities have emerged who silence any voice of dissent or critique by trolling the dissident,” says Shah. “They do not need anonymity. They don’t try to hide who they are. They feel so empowered by the backing of the politicos who are either hiring or supporting them, that they have risen in hordes and are stifling the space for dissent and questioning even more effectively than they have been able to do in real life.”</p>
<p style="text-align: justify; ">It’s almost like standing in a rally and hearing a swarm of slogans. Sashi Kumar, chairman of the trust Media Development Foundation that runs the Asian College of Journalism, Chennai, gives a similar analogy. He believes that the language of communication on Facebook is not written but oral. “Writing implies a well thought through opinion, whereas speech is responsive and involved. Within the Internet, there’s a strange morphing of written form which is expressed in a way of oral communication. You speak to someone on Facebook, you respond, you hear, you react, you communicate, you talk.” He says that this morphing is leading society back to more oral forms of communication where written forms like newspapers will be a thing of the past.</p>
<h3 style="text-align: justify; ">Replacing traditional media</h3>
<table class="invisible">
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<th><img src="https://cis-india.org/home-images/PoliticsofFB.png" alt="Politics of FB" class="image-inline" title="Politics of FB" /></th>
<td style="text-align: justify; ">
<p>With surprising events like the support for Jan Lokpal law, Pink Chaddi campaign and even the backlash against the December 2012 gang rape case in Delhi, social media seems to have somewhere, somehow made all of us more participative, more aware and more active in political and social spaces.</p>
<p>Most politicians have active Twitter and Facebook accounts. Most newspapers and even news channels quote their feed as statements when summing up news. Social networks have become almost mainstream. So much so that when earlier in March Modi attacked Bihar chief minister <span class="person"><a href="http://www.livemint.com/Search/Link/Keyword/Nitish%20Kumar">Nitish Kumar</a></span> at a political rally in Muzaffarpur, Bihar, Kumar’s response was detailed, and through a Facebook post.</p>
</td>
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</tbody>
</table>
<p style="text-align: justify; ">A joint study by the IRIS Knowledge Foundation, a public service initiative of business and financial information provider IRIS Business Services Pvt. Ltd, and the industry body Internet and Mobile Association of India, suggests that social media use is now sufficiently widespread to influence the outcome of the next general election and consequently government formation. The March research, which studied Facebook’s own data, claims that among the social media spaces, Facebook users have the maximum clout.</p>
<p style="text-align: justify; ">Kumar agrees and feels that news now is more user-generated: “It’s the people who want to pursue their own news, know more about their own news, create news. In a way it democratizes journalism. People are talking more about issues, giving opinions and comparing notes. Politics has shifted from the streets to these social medias.”</p>
<p style="text-align: justify; ">The future holds more participation, and a sense of being a stakeholder in the political process. An “enlarging of political participation”, as Kumar puts it. “Of course because everyone has a mike, a mouthpiece now, there will be lot of more trivial conversation and hairsplitting which might not add up to anything, but the important thing is that people are engaging themselves politically. We are on the streets. All because of technology.”</p>
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For more details visit <a href='https://cis-india.org/news/livemint-april-1-2014-shweta-taneja-the-politics-of-facebook'>https://cis-india.org/news/livemint-april-1-2014-shweta-taneja-the-politics-of-facebook</a>
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No publisherpraskrishnaSocial MediaInternet Governance2014-04-03T11:30:51ZNews Item