The Centre for Internet and Society
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Modi's Valley hug sparks swadeshi talk
https://cis-india.org/internet-governance/news/the-times-of-india-sujit-john-and-shilpa-phadnis-october-6-2015-modi-valley-hug-sparks-swadeshi-talk
<b>His warm hug of Facebook's Mark Zuckerberg will perhaps be the most abiding image of Narendra Modi's visit to the Silicon Valley.</b>
<p style="text-align: justify; "><span id="advenueINTEXT">But that embrace, and what it conveyed, is now becoming the subject for an intense debate among techies here. Is Modi giving in too much to the Googles and Facebooks of the world, when there is so much technology talent within India? Is he taking the easy way out by handing out critical pieces of his Digital India vision to global incumbents rather than build domestic capabilities?</span></p>
<p style="text-align: justify; "><span><span id="advenueINTEXT">"When the government wanted to build a citizen engagement platform earlier this year, they depended on Google. Now when they want Wi-Fi in railway stations, it's again Google. These are things that can be done by our companies, otherwise we will not be able to create our own digital industry. Remember, we are the people who built Aadhaar," said an industry veteran who did not want to be named.<br /> <br /> Nitin Pai, co-founder of Takshashila, an independent policy research and advocacy body that provides services for government agencies, NGOs and corporations, said Modi's team should make a careful distinction between national interest and MNCs' commercial interest. "Many MNCs have come forward to participate in Digital India initiatives. The government will have to look at offering sufficient incentives for innovation to domestic tech companies, many of whom are coming with innovative business models," he said.</span></span></p>
<p style="text-align: justify; "><span><span><span id="advenueINTEXT">Speaking to a cross-section of tech companies here, two sets of concerns emerge. One relates to the concessions that will work in favour of global incumbents and against newcomers - the latter is likely to add more value in the long term. This includes the issue of net neutrality , on which the government is seen to be waffling, and the guidelines issued by the Indian Patent Office declaring that software is patentable in India.</span></span></span></p>
<p style="text-align: justify; "><span><span><span><img src="https://cis-india.org/home-images/Concerns.png/@@images/3d04c7c6-2ac6-444b-8fbb-4e7d79823c8c.png" alt="Concerns" class="image-inline" title="Concerns" /></span></span></span></p>
<p style="text-align: justify; "><span><span><span>The new guidelines will make it easier for companies to file for software patents in India. But software patenting has become hugely controversial globally , because innova tions in the area are often just incremental, and come on top of other software programs.Besides, patenting is expensive and is often the subject of litigation, both of which work against small ventures with little resources. Companies like Google have spent billions of dollars to buy patents.<br /> <br /> Venkatesh Hariharan, member of software product think-tank iSpirt, said the new guidelines would make it easier for bigger companies to file software patents, but for smaller firms and startups, the move could be detrimental."They could end up fighting patent litigations. In the US, 37% of patent litigation is around software and business patents," he said.<br /> <br /> Sunil Abraham, executive director in research organization Centre for Internet and Society , fears litigation could kill local innovation. He cited a recent example where a Delhi high court order asked Indian handset manufacturer Micromax to pay 1.25%-2% of the selling price of its devices to Ericsson that had claimed infringement of patents.<br /> <br /> The other set of issues relates to certain rules and regulations in India that place significant obstacles before small technology ventures. This is resulting in many ventures shifting their registered offices to Singapore or the US.<br /> <br /> Albinder Dindsa's on-demand delivery service Gro fers is among the latest to create a holding company in Singapore. "It is challenging to do business in India. Even opening a bank account took time. We thought it would be easier to do an IPO if we are in Singapore," he said.<br /> <br /> A senior industry analyst who did not want to be named said that till last year, two out of four ventures were moving out of India, but now that figure is three out of four. "I would expect the government to do something about it. In fact, the finance minister did say in June that the issues would be addressed within 30 days. But nothing has happened."<br /> <br /> Also, it is expensive for angel investors overseas to invest in Indian startups.<br /> <br /> India disallows startups from offering stock options to foreign nationals, which makes it difficult for them to access seasoned mentors.</span></span></span></p>
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For more details visit <a href='https://cis-india.org/internet-governance/news/the-times-of-india-sujit-john-and-shilpa-phadnis-october-6-2015-modi-valley-hug-sparks-swadeshi-talk'>https://cis-india.org/internet-governance/news/the-times-of-india-sujit-john-and-shilpa-phadnis-october-6-2015-modi-valley-hug-sparks-swadeshi-talk</a>
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No publisherpraskrishnaSocial MediaInternet Governance2015-10-11T05:33:55ZNews ItemThe Legal Validity of Internet Bans: Part II
https://cis-india.org/internet-governance/blog/the-legal-validity-of-internet-bans-part-ii
<b>In recent months, there has been a spree of bans on access to Internet services in Indian states, for different reasons. The State governments have relied on Section 144, Code of Criminal Procedure 1973 to institute such bans. Despite a legal challenge, the Gujarat High Court found no infirmity in this exercise of power in a recent order. We argue that it is Section 69A of the Information Technology Act 2000, and the Website Blocking Rules, which set out the legal provision and procedure empowering the State to block access to the Internet (if at all it is necessary), and not Section 144, CrPC.</b>
<p style="text-align: justify; "><span>As we saw earlier, the Gujarat High Court held that Section 144, CrPC empowers the State apparatus to order blocking of access to data services. According to the Court, Section 69A, IT Act can be used to block certain websites, while under Section 144, CrPC, the District Magistrate can direct telecom companies like Vodafone and Airtel, who</span><i> </i><span>extend the facility of Internet access. In effect, the High Court agreed with the State government’s argument that the scope of Section 69A, IT Act covers only blocking of </span><i>certain </i><span>websites, while Section 144, CrPC grants a wider power.</span></p>
<p style="text-align: justify; ">This is what the Court said (para 9 of the <a href="http://indiankanoon.org/doc/29352399/">order</a>):</p>
<p style="text-align: justify; ">“<i>If the comparison of both the sections in the field of operations is made, barring certain minor overlapping more particularly for public order </i>[sic]<i>, one can say that the area of operation of Section 69A is not the same as that of Section 144 of the Code. <span>Section 69A may in a given case also be exercised for blocking certain websites</span>, whereas under <span>Section 144 of the Code, directions may be issued to certain persons who may be the source for extending the facility of internet access</span>. Under the circumstances, we do not find that the contention raised on behalf of the petitioner that the resort to only Section 69A was available and exercise of power under Section 144 of the Code was unavailable, can be accepted.</i>” (emphases ours)</p>
<p style="text-align: justify; ">We submit that the High Court’s reasoning failed to examine the scope of Section 69A, IT Act thoroughly. Section 69A does, in fact, empower the government to order blocking of access to data services, and it is a special law. Importantly, it sets forth a procedure that State governments, union territories and the Central Governments must follow to order blocks on websites or data services.</p>
<h3 style="text-align: justify; ">I. Special Law Prevails Over General Law</h3>
<p style="text-align: justify; ">The IT Act, 2000 is a special law dealing with matters relating to the Internet, including offences and security measures. The CrPC is a general law of criminal procedure.</p>
<p style="text-align: justify; ">When a special law and a general law cover the same subject, then the special law supersedes the general law. This is a settled legal principle. Several decisions of the Supreme Court attest to this fact. To take an example, in <a href="http://www.asianlii.org/in/cases/cen/INSC/2010/526.html"><i>Maya Mathew </i>v. <i>State of Kerala</i></a>, (2010) 3 SCR 16 (18 February 2010), when there was a contention between the Special Rules for Kerala State Homoeopathy Services and the general Rules governing state and subordinate services. The Supreme Court held that when a special law and a general law both govern a matter, the Court should try to interpret them harmoniously as far as possible. But if the intention of the legislature is that one law should prevail over another, and this intention is made clear expressly or impliedly, then the Court should give effect to this intention.</p>
<p style="text-align: justify; ">On the basis of this principle, let’s take a look at the IT Act, 2000. <a href="http://cybercrime.planetindia.net/ch13_2008.htm">Section 81, IT Act</a> expressly states that the provisions of the IT Act shall have overriding effect, notwithstanding anything inconsistent with any other law in force. Moreover, in the <a href="http://cybercrime.planetindia.net/statement-objects-foritaa-2006.htm">Statement of Objects and Reasons</a> of the IT (Amendment) Bill, 2006, the legislature clearly notes that amendments inserting offences and security measures into the IT Act are necessary given the proliferation of the Internet and e-transactions, and the rising number of offences. These indicate expressly the legislature’s intention for the IT Act to prevail over general laws like the CrPC in matters relating to the Internet.</p>
<p style="text-align: justify; ">Now, we will examine whether the IT Act empowers the Central and State governments to carry out complete blocks on access to the Internet or data services, in the event of emergencies. If the IT Act does cover such a situation, then the CrPC should not be used to block data services. Instead, the IT Act and its Rules should be invoked.</p>
<h3 style="text-align: justify; "><strong>II. Section 69A, IT Act Allows Blocks on Internet Access</strong></h3>
<p style="text-align: justify; ">Section 69A(1), IT Act says:</p>
<p style="text-align: justify; ">“Where the Central Government or any of its officer specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-section (2) for reasons to be recorded in writing, by order, direct any agency of the Government or intermediary to block for <span>access</span> by the public or cause to be blocked for access by the public any<span> information </span>generated, transmitted, received, stored or hosted in any <span>computer resource</span>.” (<i>emphasis ours</i>)</p>
<p style="text-align: justify; ">Essentially, Section 69A says that the government can block (or cause to be blocked) for access by the public, any information<i> </i>generated, transmitted, etc. in any computer resource, if the government is satisfied that such a measure is in the interests of public order.</p>
<p style="text-align: justify; "><span>Does this section allow the government to institute bans on Internet access in Gujarat? To determine this, we will examine each underlined term from above.</span></p>
<p style="padding-left: 90px; text-align: justify; "><strong><i>Access</i></strong>: <a href="http://indiankanoon.org/doc/1890726/">Section 2(1)(a)</a>, IT Act defines access as “...<i><span>gaining entry into</span></i>, instructing or communicating with… resources of a <i><span>computer</span></i>, <i><span>computer system</span></i> or <i><span>computer network</span></i>”.</p>
<p style="padding-left: 90px; text-align: justify; "><strong><i>Computer resource</i></strong>: <a href="http://indiankanoon.org/doc/1768009/">Section 2(1)(k)</a>, IT Act defines computer resource as “computer, computer system, computer network...”</p>
<p style="padding-left: 90px; text-align: justify; "><strong><i>Information</i></strong>: <a href="http://indiankanoon.org/doc/146402352/">Section 2(1)(v)</a>, IT Act defines information as “includes… data, message, text, images, sound, voice...”</p>
<p style="text-align: justify; ">So ‘blocking for access’ under Section 69A includes preventing gaining entry or communicating with the resources of a computer, computer system or computer network, and it includes blocking communication of data, message, text, images, sound, etc. Now two questions arise:</p>
<p style="text-align: justify; ">(1) Do 2G and 3G services, broadband and Wifi fall within the definition of ‘computer network’?</p>
<p style="padding-left: 90px; text-align: justify; "><strong><i>Computer network</i></strong>: <a href="http://indiankanoon.org/doc/29924/">Section 2(1)(j)</a>, IT Act defines computer network as “inter-connection of one or more computers or computer systems <i><span>or communication device</span></i>…” by “...use of satellite, microwave, <i><span>terrestrial line, wire, wireless or other communication media</span></i>”.</p>
<p style="text-align: justify; ">(2) Do mobile phones that can connect to the Internet (we say smartphones for simplicity) qualify as fall within the definition of ‘computer resource’?</p>
<p style="padding-left: 90px; text-align: justify; "><strong><i>Communication device</i></strong><span>: </span><a href="http://indiankanoon.org/doc/59759075/">Section 2(1)(ha)</a><span>, IT Act defines communication device as “</span><i>cell phones</i><span>, personal digital assistance or combination of both or any other device </span><i>used to communicate, send or transmit any text, video, audio or image</i><span>”.</span></p>
<p style="text-align: justify; ">So a cell phone is a communication device. A computer network is an inter-connection of communication devices by wire or wireless connections. A computer network is a computer resource also. Blocking of access under Section 69A, IT Act includes, therefore, gaining entry into or communicating with the resources of a computer network, which is an interconnection of communication devices, including smartphones. Add to this, the fact that <i>any information</i> (data, message, text, images, sound, voice) can be blocked, and the conclusion seems clear.</p>
<p style="text-align: justify; "><span>The power to block access to Internet services (including data services) can be found within Section 69A, IT Act itself, the special law enacted to cover matters relating to the Internet. Not only this, the IT Act envisages emergency situations when blocking powers may need to be invoked.</span></p>
<h3 style="text-align: justify; ">III. Section 69A Permits Blocking in Emergency Situations</h3>
<p style="text-align: justify; ">Section 69A, IT Act doesn’t act in isolation. The Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 (“<strong>Blocking Rules</strong>”) operate together with Section 69A(1).</p>
<p style="text-align: justify; ">Rule 9 of the Blocking Rules deals with blocking of information in cases of emergency. It says that in cases of emergency, when “<i>no delay is acceptable</i>”, the Designated Officer (DO) shall examine the request for blocking. If it is within the scope of Section 69A(1) (i.e., within the grounds of public order, etc.), then the DO can submit the request to the Secretary, Department of Electronics and Information Technology (DeitY). If the Secretary is satisfied of the need to block during the emergency, then he may issue a reasoned order for blocking, in writing as an interim measure. The intermediaries do not need to be heard in such a situation.</p>
<p style="text-align: justify; ">After a blocking order is issued during an urgent situation, the DO must bring the blocking request to the Committee for Examination of Request constituted under Rule 7, Blocking Rules. There is also a review process, by a Review Committee that meets every two months to evaluate whether blocking directions are in compliance with Section 69A(1) [Rule 14].</p>
<p style="text-align: justify; ">We submit, therefore, that the Gujarat High Court erred in holding that Section 144, CrPC is the correct legal provision to enable Internet bans. Not only does Section 69A, IT Act cover blocking of access to Internet services, but it also envisages blocking in emergency situations. As a special law for matters surrounding the Internet, Section 69A should prevail over the general law provision of Section 144, CrPC.</p>
<p style="text-align: justify; "> </p>
<p style="text-align: justify; "><strong>Acknowledgements</strong><span style="text-align: justify; ">: We would like to thank Pranesh Prakash, Japreet Grewal, Sahana Manjesh and Sindhu Manjesh for their invaluable inputs in clarifying arguments and niggling details for these two posts.</span></p>
<hr size="1" style="text-align: justify; " width="33%" />
<p style="text-align: justify; ">Geetha Hariharan is a Programme Officer with Centre for Internet & Society. Padmini Baruah is in her final year of law at the National Law School of India University, Bangalore (NLSIU) and is an intern at CIS.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/the-legal-validity-of-internet-bans-part-ii'>https://cis-india.org/internet-governance/blog/the-legal-validity-of-internet-bans-part-ii</a>
</p>
No publisherGeetha Hariharan and Padmini BaruahSocial MediaFreedom of Speech and ExpressionInternet Access69ASection 144Article 19(1)(a)Blocking2015-10-08T11:17:24ZBlog EntryThe Legal Validity of Internet Bans: Part I
https://cis-india.org/internet-governance/blog/the-legal-validity-of-bans-on-internet-part-i
<b>In recent months, there has been a spree of bans on access to Internet services in Indian states, for different reasons. The State governments have relied on Section 144, Code of Criminal Procedure 1973 to institute such bans. Despite a legal challenge, the Gujarat High Court found no infirmity in this exercise of power in a recent order. We argue that it is Section 69A of the Information Technology Act 2000, and the Website Blocking Rules, which set out the legal provision and procedure empowering the State to block access to the Internet (if at all it is necessary), and not Section 144, CrPC.</b>
<p> </p>
<p> </p>
<p dir="ltr" style="text-align: justify; "><span>In recent months, there has been a spree of bans on access to Internet services in India states, for different reasons. In Gujarat, the State government banned access to mobile Internet (data services) citing breach of peace during the </span><a href="http://www.ibtimes.co.in/gujarat-rioting-reported-several-parts-ahmedabad-patel-rally-event-turns-violent-644192">Hardik Patel agitation</a><span>. In Godhra in Gujarat, mobile Internet was banned as a precautionary measure </span><a href="http://indianexpress.com/article/india/gujarat/gujarat-internet-services-in-godhra-suspended-for-24-hours/">during Ganesh <i>visarjan</i></a><span>. In Kashmir, mobile Internet was banned for three days or more because the government feared that people would share pictures of </span><a href="http://indianexpress.com/article/india/india-news-india/jk-govt-plans-three-day-mobile-internet-ban-in-valley/">slaughter of animals during Eid</a><span> on social media, which would spark unrest across the state.</span></p>
<p style="text-align: justify; ">Can State or Central governments impose a ban on Internet access? If the State or its officials anticipate disorder or a disturbance of ‘public tranquility’, can Internet access through mobiles be banned? According to a <a href="http://indiankanoon.org/doc/29352399/">recent order of the Gujarat High Court</a>: Yes; <a href="http://indiankanoon.org/doc/930621/">Section 144 of the Code of Criminal Procedure, 1973</a> (<strong>“CrPC”</strong>) empowers the State government machinery to impose a temporary ban.</p>
<p style="text-align: justify; ">But the Gujarat High Court’s order neglects the scope of Section 69A, IT Act, and wrongly finds that the State government can exercise blocking powers under Section 144, CrPC. In this post and the next, we argue that it is <a href="http://indiankanoon.org/doc/10190353/">Section 69A of the Information Technology Act, 2000</a> (“<strong>IT Act</strong>”) which is the legal provision empowering the State to block access to the Internet (including data services), and not Section 144, CrPC. Section 69A covers blocks to Internet access, and since it is a special law dealing with the Internet, it prevails over the general Code of Criminal Procedure.</p>
<p style="text-align: justify; ">Moreover, the blocking powers must stay within constitutional boundaries prescribed in, <i>inter alia</i>, Article 19 of the Constitution. Blocking powers are, therefore, subject to the widely-accepted tests of legality (foresight and non-arbitrariness), legitimacy of the grounds for restriction of fundamental rights and proportionality, calling for narrowly tailored restrictions causing minimum disruptions and/or damage.</p>
<p style="text-align: justify; "><span>In </span><strong>Section I </strong><span>of this post, we set out a brief record of the events that preceded the blocking of access to data services (mobile Internet) in several parts of Gujarat. Then in </span><strong>Section II</strong><span>, we summarise the order of the Gujarat High Court, dismissing the petition challenging the State government’s Internet-blocking notification under Section 144, CrPC. In the next post, </span><span>we examine the scope of Section 69A, IT Act to determine whether it empowers the State and Central government agencies to carry out blocks on Internet access through mobile phones (i.e., data services such as 2G, 3G and 4G) under certain circumstances. We submit that Section 69A does, and that Section 144, CrPC cannot be invoked for this purpose. </span></p>
<h2 style="text-align: justify; ">I. The Patidar Agitation in Gujarat:</h2>
<p style="text-align: justify; ">This question arose in the wake of agitation in Gujarat in the Patel community. The Patels or Patidars are <a href="http://indianexpress.com/article/explained/simply-put-who-are-gujarats-patidars-and-why-are-they-angry/">politically and economically influential</a> in Gujarat, with several members of the community holding top political, bureaucratic and industrial positions. In the last couple of months, the Patidars have been agitating, demanding to be granted status as Other Backward Classes (OBC). OBC status would make the community eligible for reservations and quotas in educational institutions and for government jobs.</p>
<p style="text-align: justify; ">Towards this demand, the Patidars organised <a href="http://indianexpress.com/article/cities/ahmedabad/demand-for-obc-status-patidars-stir-spreads-to-saurashtra/">multiple rallies</a> across Gujarat in August 2015. The largest rally, called the <i>Kranti Rally</i>, <a href="http://m.ibnlive.com/news/politics/turmoil-brewing-in-gujarat-as-patel-community-demands-obc-status-hardik-patel-begins-indefinite-hunger-strike-1051104.html">was held</a> in Ahmedabad, Gujarat’s capital city, on August 25, 2015. Hardik Patel, a leader of the agitation, reportedly went on hunger strike seeking that the Patidars’ demands be met by the government, and was arrested as he did not have permission to stay on the rally grounds after the rally. While media reports vary, it is certain that <a href="http://www.ibtimes.co.in/gujarat-rioting-reported-several-parts-ahmedabad-patel-rally-event-turns-violent-644192">violence and agitation broke out</a> after the rally. <a href="http://timesofindia.indiatimes.com/india/Patidar-agitation-Uneasy-calm-in-violence-hit-Gujarat-death-toll-rises-to-10/articleshow/48699151.cms">Many were injured</a>, some lost their lives, property was destroyed, businesses suffered; the army was deployed and curfew imposed for a few days across the State.</p>
<p style="text-align: justify; ">In addition to other security measures, the State government also imposed a ban on mobile Internet services across different parts of Gujarat. Reportedly, Hardik Patel had called for a state-wide <i>bandh </i>over Whatsapp. <a href="http://www.ndtv.com/india-news/after-clashes-over-hardik-patels-detention-no-whatsapp-in-gujarat-1211058?pfrom=home-lateststories">The police cited</a> “<i>concerns of rumour-mongering and crowd mobilisation through Whatsapp</i>” as a reason for the ban, which was instituted under <a href="http://indiankanoon.org/doc/930621/">Section 144, Code of Criminal Procedure, 1973</a> (<strong>“CrPC”</strong>). In most of Gujarat, the ban lasted six days, from August 25 to 31, 2015, <a href="http://www.ibtimes.co.in/gujarat-patel-agitation-ban-mobile-internet-whatsapp-lifted-ahmedabad-644924">while it continued</a> in Ahmedabad and Surat for longer.<span> </span></p>
<h2 style="text-align: justify; ">II. The Public Interest Litigation:</h2>
<p style="text-align: justify; ">A public interest petition was filed before the Gujarat High Court, challenging the mobile Internet ban. Though the petition was dismissed at the preliminary stage by Acting Chief Justice Jayant Patel and Justice Anjaria by an <a href="http://indiankanoon.org/doc/29352399/">oral order</a> delivered on September 15, 2015, the legal issues surrounding the ban are important and the order calls for some reflection.</p>
<p style="text-align: justify; ">In the PIL, the petitioner prayed that the Gujarat High Court declare that the notification under Section 144, CrPC, which blocked access to mobile Internet, is “void <i>ab initio</i>, <i>ultra vires </i>and unconstitutional” (para 1 of the <a href="http://indiankanoon.org/doc/29352399/">order</a>). The ban, argued the petitioner, violated Articles 14, 19 and 21 of the Constitution by being arbitrary and excessive, violating citizens’ right to free speech and causing businesses to suffer extensive economic damage. In any event, the power to block websites was specifically granted by Section 69A, IT Act, and so the government’s use of Section 144, CrPC to institute the mobile Internet block was legally impermissible. Not only this, but the government’s ban was excessive in that mobile Internet services were <i>completely blocked</i>; had the government’s concerns been about social media websites like Whatsapp or Facebook, the government could have suspended only those websites using Section 69A, IT Act. And so, the petitioner prayed that the Gujarat High Court issue a writ “<i>permanently restraining the State government from imposing a complete or partial ban on access to mobile Internet/broadband services</i>” in Gujarat.</p>
<p style="text-align: justify; ">The State Government saw things differently, of course. At the outset, the government argued that there was “<i>sufficient valid ground for exercise of power</i>” under Section 144, CrPC, to institute a mobile Internet block (para 4 of the <a href="http://indiankanoon.org/doc/29352399/">order</a>). Had the blocking notification not been issued, “<i>peace could not have been restored with the other efforts made by the State for the maintenance of law and order</i>”. The government stressed that Section 144, CrPC notifications were generally issued as a “last resort”, and in any case, the Internet had not been shut down in Gujarat; broadband and WiFi services continued to be active throughout. Since the government was the competent authority to evaluate law-and-order situations and appropriate actions, the Court ought to dismiss the petition, the State prayed.</p>
<p style="text-align: justify; ">The Court agreed with the State government, and dismissed the petition without issuing notice (para 9 of the <a href="http://indiankanoon.org/doc/29352399/">order</a>). The Court examined two issues in its order (very briefly):</p>
<ol style="text-align: justify; ">
<li>The scope and distinction between Section 144, CrPC and Section 69A, IT Act, and whether the invocation of Section 144, CrPC to block mobile Internet services constituted an arbitrary exercise of power;</li>
<li>The proportionality of the blocking notification (though the Court doesn’t use the term ‘proportionality’).</li>
</ol>
<p><span style="text-align: justify; ">We will examine the Court’s reading of Section 69A, IT Act and Section 144, CrPC, to see whether their fields of operation are in fact different.</span></p>
<p> </p>
<p><strong style="text-align: justify; ">Acknowledgements</strong><span style="text-align: justify; ">: We would like to thank Pranesh Prakash, Japreet Grewal, Sahana Manjesh and Sindhu Manjesh for their invaluable inputs in clarifying arguments and niggling details for these two posts.</span></p>
<hr size="1" style="text-align: justify; " width="33%" />
<p style="text-align: justify; "><span>Geetha Hariharan is a Programme Officer with Centre for Internet & Society. Padmini Baruah is in her final year of law at the National Law School of India University, Bangalore (NLSIU) and is an intern at CIS.</span></p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/the-legal-validity-of-bans-on-internet-part-i'>https://cis-india.org/internet-governance/blog/the-legal-validity-of-bans-on-internet-part-i</a>
</p>
No publisherGeetha Hariharan and Padmini BaruahSocial MediaFreedom of Speech and ExpressionInternet Access69ASection 144Article 19(1)(a)Blocking2015-10-08T11:18:34ZBlog EntryFacebook’s Free Internet Access Program in Developing Countries Provokes Backlash
https://cis-india.org/internet-governance/news/wsj-september-24-2015-newley-purnell-resty-woro-uniar-facebook-free-internet-access-program-in-developing-countries-provokes-backlash
<b>In India and Indonesia, users criticize Internet.org initiative, saying it violates the principles of net neutrality.</b>
<p style="text-align: justify; ">The article by Newley Purnell and Resty Woro Uniar was <a class="external-link" href="http://www.wsj.com/articles/facebooks-free-internet-access-program-in-developing-countries-provokes-backlash-1443119580">published in the Wall Street Journal</a> on September 24, 2015. Sunil Abraham gave inputs.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; ">When Muhammad Maiyagy Gery heard about a new mobile app from <a href="http://quotes.wsj.com/FB">Facebook</a><span class="company-name-type"> Inc.</span><a class="chiclet-wrapper" href="http://quotes.wsj.com/FB"> </a> that provides free Internet access in his native Indonesia, he was excited.</p>
<p style="text-align: justify; ">But after testing it, the 24-year-old student from a mining town on the eastern edge of Borneo soon deleted the app, called Internet.org, frustrated that he was unable to access <a href="http://quotes.wsj.com/GOOG">Google</a>.<a class="chiclet-wrapper" href="http://quotes.wsj.com/GOOG"> </a>com and some local Indonesian sites.</p>
<p style="text-align: justify; ">Mr. Gery said Facebook Chief Executive <a href="http://topics.wsj.com/person/Z/Mark-Zuckerberg/408">Mark Zuckerberg</a> is an “inspiration in the tech world,” but added that the company’s free Internet effort is “inadequate.”</p>
<p style="text-align: justify; ">Mr. Gery’s reaction illustrates the unexpected criticism Facebook has encountered to its bold initiative to bring free Internet access to the world’s four billion people who don’t have it, and to increase connectivity among those with limited access. He is one of many users who say a Facebook-led partnership is providing truncated access to websites, thwarting the principles of what is known in the U.S. as net neutrality—the view that Internet providers shouldn’t be able to dictate consumer access to websites.</p>
<p style="text-align: justify; ">Since <a class="none icon" href="http://www.wsj.com/articles/SB10001424127887323608504579025773163440460" target="_self">Mr. Zuckerberg’s announcement of the $1 billion project</a> two years ago, Facebook has launched Internet.org in 19 countries across Asia, Latin America and Africa by teaming up with mobile carriers and technology giants including <a href="http://quotes.wsj.com/SSNHZ">Samsung Electronics</a> Co.<a class="chiclet-wrapper" href="http://quotes.wsj.com/SSNHZ"> </a>, chip maker <a href="http://quotes.wsj.com/QCOM">Qualcomm</a> Inc.<a class="chiclet-wrapper" href="http://quotes.wsj.com/QCOM"> </a> and telecom-equipment firm <a class="company-name" href="http://quotes.wsj.com/ERIC">Ericsson</a><a class="chiclet-wrapper" href="http://quotes.wsj.com/ERIC"> </a> AB. Facebook says that through the initiative, in which it is also experimenting with drones and satellites to deliver Web access, some nine million people have come online.</p>
<p style="text-align: justify; "><img src="https://cis-india.org/home-images/Facebook.png/@@images/3da859db-3161-493a-b3e2-8e6065109867.png" alt="Facebook" class="image-inline" title="Facebook" /></p>
<p style="text-align: justify; ">Users with data-enabled feature phones can access a special website through a mobile browser, while those with smartphones can download the app from Google’s Play Store. Though arrangements vary by country, the Internet.org app typically provides a simplified, low-data version of Facebook, its Messenger service and selected local websites offering services like jobs, health information and sports updates. Facebook says it works with mobile operators, which provide free data, and governments to pick sites for the platform.</p>
<p style="text-align: justify; ">While some applaud the Internet initiative, the U.S. company is dealing with a backlash from users in some of its fastest-growing markets like Indonesia and India, which are key to its future expansion.</p>
<p style="text-align: justify; ">In response to the criticism, Mr. Zuckerberg earlier this year wrote an opinion article that appeared in two Indian newspapers defending the project. He argued that the initiative is compatible with the principles of net neutrality, and that if people “can’t afford to pay for connectivity, it is always better to have some access and voice than none at all.”</p>
<p style="text-align: justify; ">But criticism about the initiative has placed Facebook in an awkward position. The social network along with other tech companies like <a href="http://quotes.wsj.com/AMZN">Amazon.com</a> Inc.<a class="chiclet-wrapper" href="http://quotes.wsj.com/AMZN"> </a> and <a href="http://quotes.wsj.com/TWTR">Twitter</a> Inc.<a class="chiclet-wrapper" href="http://quotes.wsj.com/TWTR"> </a> are members of the U.S. industry group Internet Association, which advocates for net neutrality, among other issues. In markets like Indonesia and India, critics say Facebook is more interested in controlling which websites users can tap into than in ensuring free Internet access. “It’s not Internet.org. It’s walled garden.org,” said Sunil Abraham, head of the Bangalore, India-based Center for Internet and Society.</p>
<p style="text-align: justify; ">Facebook wants to be seen as a pioneer “of the open and free Internet and not the opposite,” said Neha Dharia, an analyst at telecommunications research firm Ovum.</p>
<p style="text-align: justify; ">On Thursday, Facebook said it was changing the name of the Internet.org app and mobile website to Free Basics by Facebook in order to better distinguish it from the company’s wider Internet.org initiative. Asked whether the change was related to criticism of the project, a Facebook spokeswoman said that the name will “more intuitively describe the product to consumers.”</p>
<p style="text-align: justify; ">Chris Daniels, Facebook’s vice president in charge of the project, said in a recent interview that he has been surprised by the criticism of the project, noting that many people have gained access to the Web.</p>
<p style="text-align: justify; "><a class="none icon" href="http://blogs.wsj.com/indiarealtime/2015/04/16/how-india-is-breaking-the-internet-while-trying-to-savetheinternet/" target="_self">This spring in India</a>, travel website Cleartrip, news channel NDTV and a mobile news app pulled their content from the platform amid concerns over net neutrality.</p>
<p style="text-align: justify; ">Cleartrip referred inquiries about its reasons for leaving the initiative to an April statement it posted on its website. In that statement, the company said the backlash in India “gave us pause to rethink our approach to Internet.org and the idea of large corporations getting involved with picking and choosing who gets access to what and how fast.”</p>
<p style="text-align: justify; ">Vishal Anand, chief product officer at mobile news app Dailyhunt, said that “While we appreciate the effort to give people Internet access, we fully support the principles of net neutrality.” He declined to elaborate on the company’s specific objections to Internet.org.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/wsj-september-24-2015-newley-purnell-resty-woro-uniar-facebook-free-internet-access-program-in-developing-countries-provokes-backlash'>https://cis-india.org/internet-governance/news/wsj-september-24-2015-newley-purnell-resty-woro-uniar-facebook-free-internet-access-program-in-developing-countries-provokes-backlash</a>
</p>
No publisherpraskrishnaSocial MediaInternet Governance2015-09-29T16:35:02ZNews ItemWhat Bengaluru Thinks of the Big Tech Announcements in Silicon Valley
https://cis-india.org/internet-governance/news/ndtv-maya-sharma-september-29-2015-what-bengaluru-thinks-of-big-tech-announcements-in-silicon-valley
<b>There is a split verdict on the big tech announcements made out of California during the Prime Minister's visit, in the desi version of Silicon Valley - Bengaluru.</b>
<p style="text-align: justify; ">This was published by <a class="external-link" href="http://www.ndtv.com/bangalore-news/what-bengaluru-thinks-of-silicon-valleys-promises-to-pm-modi-1224320">NDTV</a> on September 29, 2015. Pranesh Prakash was quoted.</p>
<hr />
<p style="text-align: justify; ">Companies here are still assessing how they will be impacted by the big connectivity projects that Google, Microsoft and others announced when Prime Minister Narendra Modi dropped in at Silicon Valley, the global hub for innovation and technology, over the weekend.<br /><br /> CEO Sunder Pichai said Google would tie up with the government to provide free Wi-Fi at 500 railway stations across the country. Microsoft's Satya Nadela said his company would take broadband connectivity to five lakh villages across the country.<br /><br />And that its cloud services would operate out of India's data centres.<br /><br /> Some smaller companies in Bengaluru hope they will get some business when these giant projects are implemented. "Smaller companies like ours would be hoping we get a share of the pie when it comes to implementation. The government should ensure that," said Soujanya Prakash, a General Manager at Vee Technologies, to NDTV. Vee one of the companies assigned to implement part of the massive Aadhar identity card project.<br /><br /> Ms Prakash said companies like Microsoft and Google bring great technological expertise with them.<br /><br /> Pranesh Prakash, Policy Director for the Centre for Internet and Technology, had a word of caution as he voiced concern about the privacy policies of some big global companies. "The government should push for a strong data protection regime in India and force these companies to abide by that," he said.<br /><br /> Mr Prakash also said, "These companies need India more than we need them since there are more than one billion customers here. The Indian government must be wise in using this bargaining power."</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/ndtv-maya-sharma-september-29-2015-what-bengaluru-thinks-of-big-tech-announcements-in-silicon-valley'>https://cis-india.org/internet-governance/news/ndtv-maya-sharma-september-29-2015-what-bengaluru-thinks-of-big-tech-announcements-in-silicon-valley</a>
</p>
No publisherpraskrishnaSocial MediaFacebookInternet Governance2015-10-18T13:26:35ZNews ItemAhead of hosting Modi, Facebook rebrands internet.org as Free Basics
https://cis-india.org/internet-governance/news/business-standard-september-26-2015-ahead-of-hosting-modi-facebook-rebrands-internet-dot-org-as-free-basics
<b>Hinting at what could be vital points of discussion when Prime Minister Narendra Modi visits Facebook founder Mark Zuckerberg on Sunday, the social media giant has rebranded its internet access enabling platform Internet.org as Free Basics.</b>
<p style="text-align: justify; ">The article was published by <a class="external-link" href="http://www.business-standard.com/article/current-affairs/facebooks-internet-org-is-now-free-basics-115092500238_1.html">Business Standard</a> on September 26, 2015. Pranesh Prakash was quoted.</p>
<hr />
<p style="text-align: justify; ">This was announced by Chris Daniels, vice-president of Internet.org, at a press meet in Menlo Park on Friday. Zuckerberg confirmed the same and wrote on his Facebook wall.</p>
<p style="text-align: justify; "><span class="p-content">Facebook has opened up its <a class="storyTags" href="http://www.business-standard.com/search?type=news&q=Free+Basics" target="_blank">Free Basics </a>platform, which means any app developer can now include their services on it. “This gives people the power to choose what apps they want to use.” Zuckerberg in his post also said the company has improved the security and privacy of Internet.org, which will support HTTPS web services as well. “Connectivity isn't an end in itself. It’s what people do with it that matters. We hope the improvements we've made help even more people get connected — so that our whole global community can benefit together,” Zuckerberg said in his post, in which he quoted the example of a soybean farmer from Maharashtra, Asif Mujhawar, who uses parenting app BabyCenter for free through Internet.org.<br /> <br /> This is a significant move by Facebook, considering the backlash it had from various quarters in India following debates on net neutrality. Internet.org is an open platform by Facebook across 19 developing countries, including India, to enable easy access of selected apps and app-based services to people at zero cost. In India, it had partnered with Reliance Communications to offer free access to about 30 websites.<br /> <br /> “One of the concerns was calling the service ‘Internet.org’, despite it representing only a tiny sliver of the Internet,” said Pranesh Prakash, policy director at the centre for Internet and Society, a nonprofit entity to promote safe internet access in the country.<br /> <br /> He said by removing the Internet word, Facebook is now talking of its own larger internet affordability project and allowing app developers to build apps and host it on the Free Basic platform. “This gives people the power to choose what apps they want to use,” Prakash said.</span></p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/business-standard-september-26-2015-ahead-of-hosting-modi-facebook-rebrands-internet-dot-org-as-free-basics'>https://cis-india.org/internet-governance/news/business-standard-september-26-2015-ahead-of-hosting-modi-facebook-rebrands-internet-dot-org-as-free-basics</a>
</p>
No publisherpraskrishnaSocial MediaFacebookInternet Governance2015-10-18T14:21:52ZNews ItemHuge outcry forces India to backtrack on social media data proposal
https://cis-india.org/internet-governance/news/today-september-24-2015-huge-outcry-forces-india-backtrack-social-media-data-proposal
<b>Govt retracts move after strongly negative reaction to 90-day message-saving policy</b>
<p style="text-align: justify; ">The article was published by <a class="external-link" href="http://www.todayonline.com/chinaindia/india/huge-outcry-forces-india-backtrack-social-media-data-proposal?singlepage=true">Today</a> on September 24, 2015. Pranesh Prakash has been quoted.</p>
<hr />
<p style="text-align: justify; ">Responding to a chorus of withering criticism, Indian officials have withdrawn a draft policy on encryption that would have required users of social media and messaging apps to save plain-text versions of their messages for 90 days so they could be shared with the police.</p>
<p style="text-align: justify; ">The proposal, which many condemned as both draconian and impractical, came as an embarrassment days before Prime Minister Narendra Modi travels to Silicon Valley to try to attract investment and promote India as an emerging market for digital technology.</p>
<p style="text-align: justify; ">Mr Modi is an avid user of social media and has mobilised large networks of online activists during his party’s campaigns.</p>
<p style="text-align: justify; ">The government issued a statement on Tuesday saying the draft proposing that users save messages for three months had been withdrawn, as officials hurried to distance themselves from the idea.</p>
<p style="text-align: justify; ">“I wish to make it clear that it is just a draft and not the view of the government,” said Mr Ravi Shankar Prasad, the Minister of Communications and Information Technology.</p>
<p style="text-align: justify; ">Internet policy activists discovered the draft on a government website late last week and began to lampoon it online as “absurd”. One offered the example of an iPhone, which automatically encrypts messages.</p>
<p style="text-align: justify; ">“They can’t intentionally want people to copy and paste every message a person gets on their iPhone on to another device,” said Mr Pranesh Prakash, a policy director at the Center for Internet and Society in Bangalore.</p>
<p style="text-align: justify; ">The draft, which was put forward by a committee of unidentified experts in the Department of Electronics and Information Technology, also overlooked the fact that most Indians use mobile phones with very little storage space, said Mr Nikhil Pahwa, the editor of MediaNama.com, which covers digital media issues in India.</p>
<p style="text-align: justify; ">“It is incomprehensible how they would have expected users to keep their messages in plain-text format,” he said. “And I don’t think that anyone can argue that keeping data in a plain-text format makes it secure.”</p>
<p style="text-align: justify; ">An official in the Communications Ministry, who spoke on the condition of anonymity because he was not authorised to talk to the media, said the expert committee had been convened to formulate a policy on the “phenomenal rise” in encrypted communication over the Internet.</p>
<p style="text-align: justify; ">He said the committee had intended to require social media platforms and messaging apps, such as WhatsApp and Viber, to save plain-text versions of messages and did not intend to impose that burden on individual users.</p>
<p style="text-align: justify; ">“It was interpreted by the netizens as ‘you and I’,” the official said. He added that interpretation was misleading.</p>
<p style="text-align: justify; ">But that version of the requirement would also be “outrageous,” Mr Prakash said. For example, WhatsApp uses “end-to-end” encryption and does not save communications between users or have access to plain text, he said.</p>
<p style="text-align: justify; ">Mr Prakash said that as officials revised the proposal, the government should reach out to “experts in cryptography and human rights”.</p>
<p style="text-align: justify; ">“This is a very crucial combination of three rights: the right to security, the right to freedom of expression, and the right to privacy,” he said.</p>
<p style="text-align: justify; ">On television, spokesmen for Mr Modi’s Bharatiya Janata Party (BJP) found themselves debating their counterparts from the opposition Indian National Congress Party, one of whom remarked that “tomorrow they will start demanding that you videograph what has been going on in your bedroom for the past 90 days.”</p>
<p style="text-align: justify; ">The BJP’s national spokeswoman, Shaina Nana Chudasama, responded with some exasperation. “I don’t know why we have to have this hue and cry,” she said.</p>
<p style="text-align: justify; ">“Our Prime Minister believes in absolute freedom on social media. There is no question of our trying to come down heavily on the freedom of the public at large.” THE NEW YORK TIMES</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/today-september-24-2015-huge-outcry-forces-india-backtrack-social-media-data-proposal'>https://cis-india.org/internet-governance/news/today-september-24-2015-huge-outcry-forces-india-backtrack-social-media-data-proposal</a>
</p>
No publisherpraskrishnaSocial MediaInternet Governance2015-10-01T01:31:55ZNews ItemOutrage before sharing
https://cis-india.org/internet-governance/news/hindu-nikhil-varma-september-9-2015-outrage-before-sharing
<b>Has the social media converted people into a lynch mob that seeks out justice and passes judgement instantly, without bothering to hear both sides of the story? </b>
<p style="text-align: justify; ">The article by Nikhil Varma was <a class="external-link" href="http://m.thehindu.com/features/metroplus/outrage-before-sharing/article7633402.ece">published in the Hindu on September 9, 2015</a>. Rohini Lakshané was quoted.</p>
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<p style="text-align: justify; ">The Internet has changed the way we communicate in more ways than we can imagine. Apart from being a medium to share pictures and updates with family and friends, social media has also become an arena where political debates are a commonplace and people are quick to make judgements. The social media space has become one where superlatives are commonly used and videos or conversations about inappropriate behaviour or even a tweet or Facebook post has a tendency to go viral and snowball into a shaming of the individual or organisation in question, without bothering to hear out the other side of the story. Outraging can be over anything, from the faults of the Government, to lay people who sometimes find themselves the subject of an online shaming campaign.</p>
<p style="text-align: justify; ">Recently, an FB user put up pictures of a person, who she claimed misbehaved with her on a street in Delhi. Within a few hours, the man’s picture went viral and he was arrested by the police, even as he was called names and abused on social media networks. A few days later, eyewitness accounts corroborated the man’s account of the incident. The response online now put the girl at fault and blamed her for politicising the issue. The initial response to the video of the Rohtak sisters bashing up alleged molesters also saw the outrage shifting sides.</p>
<p style="text-align: justify; ">How does one deal with people making judgements with a click of a button? Does online shaming dent the chances of people getting justice in genuine cases of assault?</p>
<p style="text-align: justify; ">Rohini Lakshané, a researcher at the Centre for Internet and Society says, “Online, public shaming is a useful and often effective strategy for calling out unacceptable behaviour when recourse to other remedies is tedious, time-consuming, or non-existent. Its flipside is that shaming online could lead to mob justice or a witch-hunt. The onus should be on the viewers or readers of such an act of shaming to not take the law into their own hands and on the news media to do their basic duty of checking facts before publishing or broadcasting anything.”</p>
<p style="text-align: justify; ">She adds, “People use social networking sites, among other things, as verandas where they can gather gossip, and talk about their interests. If people jumping the gun and being judgemental offline isn’t a cause for concern, I don’t see why it should be when it happens online.”</p>
<p style="text-align: justify; ">On checks, Rohini contends, “They would not be in the interest of free speech. It would, of course, make a difference if social media users paused to think.”</p>
<p style="text-align: justify; ">V. Shakti, Social Media and Branding Professional, points out that the mass adoption of social media platforms has had positive and negative effects. “It has ensured that anyone can reach out and get any information. The flip side is that this power to reach millions needs to be handled with care and responsibility. The Jasleen Kaur incident is a glaring reflection. Such is the mindset of people online that anyone who is shamed is assumed guilty and derided. Sometimes the shaming does permanent damage to the target and the effects are life-long. The minute Jasleen posted a picture online, even the media jumped in calling the guy a ‘pervert’, if this were some other country, they would be sued. We need to understand that un-shaming is not an option and hence be careful when throwing mud at someone online. Remember, it could be you tomorrow. Think, verify and then act. Like I always say, there are three sides to every story - yours, mine and the truth.”</p>
<p style="text-align: justify; ">For psychiatrist and Integrative medicine specialist Shyam Bhatt, online shaming is a combination of a sense of mob justice and the feeling of participating in a cause. “It is easy to sign up for a cause online, you can click share and feel good about yourself. People also tend to get swayed by what their friend circles are talking about.”</p>
<p style="text-align: justify; ">Social media user Praveen Rao feels an attempt to feel involved with causes is responsible for this phenomenon.</p>
<p style="text-align: justify; ">“It is important for people to check the authenticity and wait for a clear picture to emerge before talking about something. However, in the rush to appear clued in, people tend to share anything that goes viral, without pausing to think if someone’s life could be ruined. It is a good tool to call out genuine cases of misbehaviour and assault, but mob justice should be avoided.”</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/hindu-nikhil-varma-september-9-2015-outrage-before-sharing'>https://cis-india.org/internet-governance/news/hindu-nikhil-varma-september-9-2015-outrage-before-sharing</a>
</p>
No publisherpraskrishnaSocial MediaInternet Governance2015-09-20T17:08:14ZNews ItemEffective Activism: The Internet, Social Media, and Hierarchical Activism in New Delhi
https://cis-india.org/raw/blog_effective-activism
<b>This post by Sarah McKeever is part of the 'Studying Internets in India' series. Sarah is a PhD candidate at the India Institute, King’s College London, and her work focuses on the impact of social media on contemporary political
movements. In this essay, she explores the increasingly hierarchical system of activism on the Internet, based on Western corporate desire for data, and how it is shaping who is seen and heard on the Internet in India.</b>
<p> </p>
<h2>Background</h2>
<p>I will preface this post by stating that as an American, my personal experience of the Internet has been shaped by nearly 18 years as an active user. My experience with digital interfaces, websites, and social media has been formed through my experiences during the Internet revolution in the United States. Academic and personal training have shaped what I determine to be trustworthy, useful, and credible when searching for information. This post is based on field research I am conducting in New Delhi from January through June 2015.</p>
<p>With these preconceptions and standards in mind, I began to research organisations that I felt were credible enough to approach for interviews in January 2015. My current research project investigates the impact that social media has had on the issues of corruption and violence against women in New Delhi, following the social movements on these issues in 2011-2012 and 2012-2013 respectively. I started at an organisational level in order to research the impact that social media and the movements themselves had on organisations working on these issues. Areas of interest include any changes in issue engagement and discourse around gender violence and corruption. I focused exclusively on organisations that have an office in New Delhi and engage in activism in an urban context. Many of these organisations also have a presence in other states and include rural as well as urban projects. I conducted semi-structured interviews in order to engage with the changes wrought by the digital on a qualitative rather than quantitative basis.</p>
<p> </p>
<h2>Activism and Digital Hierarchy: A Divided Internet?</h2>
<p>While conducting initial research, I began to investigate two separate but related areas of inquiry. The first was relatively straightforward: what type of differences were there between groups which actively engaging with the affordances of the Internet and Web 2.0? In my research I examined online awareness groups and campaigns as well as more traditional advocacy and awareness groups that were struggling to translate their work onto the Internet and on social media.</p>
<p>While engaging with the first question, I quickly discovered that the divide between how organisations leveraged the affordances of the Internet - and social media in particular - was stark. Earl and Kimport (2011) write that organisations that directly translate previous advocacy on the ground onto the Internet fail to fully leverage the affordances of the Internet. Organisations that effectively utilise the strengths of the Internet - including flash tactics, crowd-sourcing, and networked leadership - have in fact transformed the world of activism. They have created a new type of “digital activism” through the use of an increasingly digital networked society (Castells 2010, Rainie and Wellman 2012). While this is a simplification of the overall argument – and I personally would argue that in actuality organisations work on a range of digital capabilities and the idea of a spectrum rather than a binary division would be more appropriate at this point – it was clear that both sides were struggling to reach some sort of equilibrium between each other’s capabilities when I conducted interviews with them.</p>
<p>The second inquiry stemmed from my engagement with the first: how was the “active” use of the Internet and social media by an organization translating into an interpretation of their effectiveness? In other words, was an “active” social media presence and a slick website contributing to an impression that they were somehow more impactful than the organisations which lacked these features and is this phenomenon creating a new hierarchy of activism in Delhi?</p>
<p>Many of the organisations that I spoke with who used the Internet and social media “well,” attracted foreign attention and funding. It is clear there is a monetary incentive for organisations to be present and easily accessible via search engines and social media platforms. And while social media has become a huge selling point in India - including in last year’s Parliamentary elections - much of the funding and attention appears to come from outside of India in these particular cases. While social media has become a popular tool for outreach in New Delhi, the emphasis placed on it is possibly being driven by forces outside of India in the activist sphere.</p>
<p>Organisations that had been involved in advocacy and grassroots activism before the Internet boom in India discussed the struggle to make effective use of the affordances of the Internet. My participants unilaterally expressed a desire to engage with the digital audience in India – an audience of approximately 310 million users according to Internet Live Stats (2015) – but were often ill equipped to do so. Stated difficulties included a lack of a dedicated communications and media strategist, lack of experience with social media and web design, and difficulty translating nuanced discussion onto social media sites which are not necessarily designed to facilitate complex and controversial discussions. Some participants directly stated that an online presence, whether it was effective or not, had become essential to obtaining foreign funding and attention, as a digital presence represents a tangible deliverable when applying for foreign grants.</p>
<p>It is clear from any cursory examination of social media sites that the mediums demand an increasing amount of content from its users. Simply put, the more you post, the more you are seen and heard above the increasing noise and chaos of social media. And if being seen and heard represents success, the message itself can get lost in translation. Click bait, sponsored posts, and buzzy headlines attract far more attention and gain more traction than any post attempting to create nuance and demand deeper engagement, at least in the cases I have personally observed and in my experience with activist groups.</p>
<p>The growing popularity of social awareness campaigns and organisations designed for the online world were quite obviously far more successful in utilising social media and web pages to draw attention to a specific issue. These campaigns especially were extremely popular with Delhi youth in particular and effectively used visual displays - such as crowd-sourced images and provocative posters - to highlight issues of gender violence and corruption. Occasionally some participants were outwardly dismissive of older advocacy groups, which they felt were out of step with the times and content to stay in their comfort zones.</p>
<p>In spite of the success of many online campaigns on the issues I researched, few were able to translate the momentum generated by the campaign into a broader discussion and deeper engagement on their chosen issue. While some participants stated this was not necessarily what they desired to do - some chose to remain purely as an awareness campaign without moving into advocacy - other participants stated a desire to do more and engage with the complex cultural, societal, and political constructs surrounding gender and corruption in India. When they attempted to engage in this more nuanced conversation, they often lost momentum on social media and occasionally stopped their campaign efforts altogether.</p>
<p>The rift was clear, and the struggle to merge worlds and effectively translate a variety of skill sets into effective advocacy was fairly well delineated. What troubled me was the implicit assumption that was being made around “effective” and “good” use of the Internet and social media. Why did a glossy website and an “active” social media presence appear to translate into organisational effectiveness? What was driving that assumption? It was an assumption I occasionally found myself making when researching organisations and even in some of my earliest interviews. Why did daily Facebook posts, likes, multiple Tweets, and followers translate into an interpretation of success and impact?</p>
<p>As Western, and in the case of Facebook and Twitter, American publically traded companies, there is a clear business prerogative in encouraging ever-increasing usage of their sites. More posts and tweet equals more data, which can then be analyzed or sold to a variety of different entities that want to utilise this data to create wealth. Facebook and Twitter also happen to be sites that can be used to generate conversation around key issues and act as an easy way to aggregate thousands, if not millions, of users behind a cause. The Arab Spring, Occupy Wall Street, and the Delhi Rape case mobilisations are only some of the hundreds of cases where social media sites have played a key role in mobilizing political, social, and cultural change.</p>
<p>However there is a corporate prerogative at work that is often ignored in these narratives. It is in a social media companies’ best interest to encourage frequent usage, as this is how free services generate revenue. Those who post the most win the race to be seen and heard. Those who do not - or do not have the funds to pay for sponsored posts or tweets - get lost in the shuffle, viewed as out of step and struggling to adapt to modern urban India, regardless of the quality work they may be doing offline. The “good” user is the most active user, regardless of what the content actually is. It can easily be termed as a binary between quantity versus quality, but this diminishes the extremely effective and thoughtful work of some digital media campaigns, which demands a different type of quality to actually become an impactful movement. It is therefore a more complex phenomenon than blindly generating massive amounts of content, but this is certainly a critical piece to digital success.</p>
<p>My conclusion, and one which was discussed and inspired by an early participant, was that it was the social media platforms – including key sites like Facebook, Twitter, and to a lesser extent YouTube - were partially generating and multiplying the aura of effectiveness around organisations and groups which had heavily emphasized social media as a core part of their outreach strategy. This is not to deny the very real success that several of these campaigns have had in generating conversation and change around critical issues in India. It instead questions why our notion of success and effectiveness has been altered so quickly, especially in an urban and digital context.</p>
<p>Based on my fieldwork, I encountered a digital hierarchy in three different aspects in activist groups. These divisions emerge at the level of search engines and ranking, web page aesthetics, and finally social media usage and statistical data. I will briefly examine these levels in the following sections.</p>
<p> </p>
<h2>Level I: Search Engines and Page Rankings</h2>
<p>The first was generated at the level of the search engine. Higher ranked and frequently visited websites appear higher on any search engine page, based on the search algorithm. In the first searches I conducted, several organisations with well-developed and easily navigable websites always appeared high on the search page, and were the first organisations I made contact with. As I began to dig deeper into partner organisations and get recommendations from my participants, I discovered new organisations that had never appeared in any search I had conducted, in spite of their clear links to the issues I was researching. These organisations have less of an audience and less of a digital voice from the very beginning. This is not even engaging with the issue of language on the Internet, as all of my searches were in English and not in Hindi or any other language spoken in India and were focussed initially only on organisations with an office in Delhi.</p>
<p>A second issue at the level of the search engine was that the organisations that appeared highest on the list had links to larger partner organisations in Europe and the United States, and occasionally had head offices in New York or London. The larger global presence may have had an impact on page ranking, as they were more likely to be searched for and recognised globally. The dominance of English on the Internet may also play a role, limiting the potential set of results, though again I made this decision consciously. Language choice has had a demonstrable impact on what a person sees on the Internet and what appears using the same search term. The burden of visibility influencing potential digital impact is clear, and practically forces some organisations to invest in a digital presence without a clear digital strategy. This can prove extremely detrimental – especially if the web page proves difficult to navigate and use, which I discuss in the following section - and move investment away from advocacy and programmes on the ground. Visibility is also a key concern for groups that exist purely as a digital campaign, as their potential success is based almost solely on how easy they are to find. Failure leads to diminished searches and lower rankings outside of the first results page from a search engine, which few people click beyond, thus dramatically limiting the impact an organisational webpage can have from the very beginning.</p>
<p> </p>
<h2>Level II: Webpage Aesthetics</h2>
<p>The second area consisted of the content and ease of use of the website. As a researcher, I was compelled to look into every recommended organisation that engaged with the issues I was researching. That being said the organisations with more developed websites caught my attention and implicitly created the impression that it was a more desirable contact. This is quite obviously not the case in reality, and often the organisations that had less advanced websites and appeared technologically less capable proved to be highly credible sources doing commendable work. However the difficulty of navigating some of the websites, which included issues such as broken hyperlinks, difficult interfaces, and offered very little information on the activities of the organisations would prove deeply unappealing to an observer with less motivation than myself. Going against my own training and experience and trusting the power of the network of recommendations on the ground proved to be just as useful as fairly random web searches. In terms of first impressions, it is difficult to move beyond these issues of navigation for an outside observer which expects a quality organisation to have a quality website.</p>
<p>Again, organisations with head offices based in the United States or Europe often were easily navigable and had high quality webpage design, representing a clear trend and highlighting the emphasis placed on the digital aboard. It was also very clearly which organisations had started on the Internet, based purely on design and functionality, though there was a certain bias as the Internet campaigners I spoke too had all had had great success as an online campaign. Finding failed campaigns would have added a key counterpoint to my work, but the difficulty of doing so proved insurmountable for this particular project. Design and navigability are key indicators of skill and investment in digital presence from an outsider’s perspective. It is less than representative of the story on the ground and the success of an organisation, especially if it is not a purely digital entity.</p>
<p> </p>
<h2>Level III: Social Media Use and Statistics</h2>
<p>The third and final level I encountered was determined by social media use. For every organization or participant I met I did cursory research on the various social media platforms they used, how many likes or followers they had near the day of my interview, and roughly how often the organization posted and tweeted. About 90% of my participant organisations had a least a Facebook page and a Twitter account. The number of followers varied widely, from about 200 to nearly 200,000 on Facebook and Twitter. Daily posts and variety of content was a key component to the success of the more widely followed groups online. It was immediately clear that groups that posted sporadically and without immediately stimulating content did not generate or gain nearly as much digital attention.</p>
<p>Many organisations discussed the struggle to move beyond a closed and familiar network, to reach out to the audience they know is there. But without a clear strategy, and even more importantly without a dedicated communications position, their digital engagement often mirrored their offline audience; a closed network of individuals already dedicated to change in the area the organisation was working in. They often failed to meet the incessant demands of the medium for easy content and had difficulties expanding their reach or message beyond their previously established networks of influence.</p>
<p>Those organisations which were able to attract digital attention on social media, while feeling it was an important tool for outreach – especially for youth in Delhi – and places where conversations on key issues could take place, also discussed the importance of social media statistics as a measurable deliverable. Donors, especially foreign funders, placed an emphasis on growth on social media sites as an indicator of success and growing influence. Whether social media growth can actually be an indicator of influence is still up for debate, but it is indicative of the notion that success means quantity, rather than quality, similar to the Western corporate prerogative of growth. That this is the new measure and standard of success for an activist organization is a troubling trend, and one unlikely to change in the near future.</p>
<p> </p>
<h2>Conclusion</h2>
<p>I have argued that corporate strategies and imperatives are creating this new class system of activism in India. I labelled it a “Western” corporate strategy, based on the American origins of the main players Facebook and Twitter, which are the predominate mediums my participants engaged with and have some of the largest audiences in India. Facebook had 108 million users of May 2014 Twitter has around 19 million users (Statista 2015) in India, though these are estimates and in all likelihood there has been an increase in users. The new hierarchy masks the reality that impact and results cannot be measured by likes and retweets. While there is indeed power in these particular sites, the difficulty in documenting what influence actually translates into in the offline world is a well-documented debate. I do not doubt that the Internet and social media, in urban and increasingly in rural India, have great affordances. But these advances do not have to come at the expense of equally important organisations whose ability to translate these messages digitally is more limited than others, especially when this hierarchy is partially generated by corporate sensibilities whose sole aim is profit generation.</p>
<p>While this hierarchy has been explored as an issue of second-level digital divide- where the issue is not lack of access but lack of training and knowledge of the digital world – I do not believe this is the only issue at stake. The increasing power of large companies to determine the way we interact and the rules of effective communication and transmission are deeply troubling, and leaves little room for alternatives. Collaboration can be an effective way of mitigating some of the differences, but this option is not always available to every group.</p>
<p>While these are questions that require further examination, it is clear that there is a divide between organisation’s digital strategies and whether they are able to leverage the affordances of the Internet and social media applications. I have argued that the operational aspects of social media sites increase this divide in particular, as they demand increasing amounts of data to generate profit. A strong digital presence is increasingly linked to an idea of effectiveness and impact, without investigating offline realities. This in turn can lead to a new hierarchy of activism, which limits the voices of some and magnifies the digital voices of others who are clearly better at manipulating the advantages of the Internet. I do not wish to say that offline activism is more effective than online activism and that we should not engage with digital mediums to promote. I only seek to question how this increasingly digital reality is creating a hierarchal system that is not reflective of offline reality, question what knowledge might be left behind in the process, and critically examine the underlying structures and platforms underlying the growing field of digital activism in India.</p>
<p> </p>
<h2>References</h2>
<p>Castells, M. (2010) Networks of Outrage and Networks of Hope: Social Movements in the Internet Age, Cambridge, MA: Polity Press</p>
<p>Earl, J. and Kimport, K. (2011) Digitally Enabled Social Change: Activism in the Internet Age Cambridge, MA: MIT Press</p>
<p>Internet Live Stats (2015) www.internetlivestats.com Accessed 23 May 2015</p>
<p>Rainie, L. and Wellman, B. (2012) Networked: The New Social Operating System, Cambridge, MA: MIT Press
Statista (2015) www.statista.com Accessed 25 May 2015</p>
<p> </p>
<p><em>The post is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
<p> </p>
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No publisherSarah McKeeverSocial MediaDigital ActivismResearchers at WorkRAW Blog2015-07-16T08:22:13ZBlog EntryWhatsApp and the Creation of a Transnational Sociality
https://cis-india.org/raw/blog_whatsapp-and-the-creation-of-a-transnational-sociality
<b>This post by Maitrayee Deka is part of the 'Studying Internets in India' series. Maitrayee is a postdoctoral research fellow with the EU FP7 project, P2P value in the Department of Sociology, University of Milan, Italy. Her broader research interests are New Media, Economic Sociology and Gender and Sexuality. This is the second of Maitrayee's two posts on WhatsApp and networks of commerce and sociality among lower-end traders in Delhi. </b>
<p> </p>
<p>The beginnings of <em>WhatsApp</em> messages in Lajpat Rai Market and Palika Bazaar with lower-end traders in China were mostly trade related. However, with time, the messages were not just confined to the domain of products and prices. The traders in India started sharing personal messages and images with their counterparts in China. Some of the social exchanges could be interpreted within the gambit of the economy. In other words, these social exchanges in the form of photographs of anime and food developed trust and familiarity that further led to the strengthening of trade ties. However, other social exchanges on <em>WhatsApp</em> could be related to a more personal space whereby traders were binding themselves with Chinese traders in romantic relationships. In 2012 and 2013, the transnational sociality through <em>WhatsApp</em> was at its embryonic stage and showed signs of becoming much more layered in the future.</p>
<p> </p>
<h2>Friendship and Trust</h2>
<p>The traders in Lajpat Rai Market and Palika Bazaar elaborated on how the electronic shops in China were usually managed by polite and pretty women. Women managing the business transactions in China made the Indian traders come in touch with them via <em>WhatsApp</em>. One day at Rakesh’s shop at Palika Bazaar, he was browsing through his <em>WhatsApp</em> messages. He invited me to see some of the messages that he thought were interesting. As I went closer to the screen, I saw images of food, a bowl of soup and salad. Rakesh told me how he had become friends with this particular trader. She was a married woman and had a shop that sold accessories of games in China. Rakesh said over time that they had developed a special relationship. He regarded her as a warm person. He was familiar with her domestic life, her children and how old they were. Their interactions were governed by the exchange of information on everyday activities going on in their lives.</p>
<p>I observed that the trading exchanges were mitigated by various social and personal messages. It appeared that the personal messages were a way to maintain continuity of ties, business and otherwise. Whereas the traders between the two countries might not be doing business with the same set of people everyday, an image of a teddy bear and food acted as an assurance of a lasting relationship. It indicated that even though trade between two persons was temporarily suspended, they were going to revive it in the near future. The exchange of personal messages in between trade activities developed trust and mutual respect. In a physical market place, traders developed special relationship with different people, for instance, with the customers who came to the same shop regularly. These relationships were born out of investment of time and energy on part of the both parties, the traders as well as the customers. In both Palika Bazaar and Lajpat Rai Market, often a trader had a customer who had been visiting his shops since he was a child. The trader knew what his customer did for a living as an adult, how many members his family had and their whereabouts. The same case was true for a customer. He quickly noticed what were the changes that had been made to the physical layout of the shop. The long-term ties were advantageous to both the parties. Usually the customer got a good discount for a product and he also knew that in case of a defect he could easily ask for a replacement. For the trader, a customer was a constant source of income, as he knew that the customer would not choose another trader over him. Rarely, a permanent customer approached another trader in the market.</p>
<p>In the absence of physical proximity between the Chinese and Indian traders, there were few occasions in which the ties of trust based on familiarity could be developed. Simple exchange of trade messages did not build social solidarity. In order for the traders to substitute the strength of physical proximity and face-to-face interaction online, the cute anime were seen to intervene. The exchange of photographs and cartoons indicated that individual traders invested in each other and developed a circle of familiar objects and symbols that generated trust.</p>
<p> </p>
<h2><em>WhatsApp</em> and Movement</h2>
<p><em>Bubo is a fascinating figure in Palika Bazaar. In Govind’s shop, several people had different things to say about Bubo. Some claimed that he was a genius; other told me he was a techno nerd. Some even thought of him as an eccentric person who lacked social skills and etiquettes. Everyone however, unanimously agreed that I should not miss an opportunity to talk to him. Bubo handled the online sales of video games for Govind’s shop. He was responsible for putting up new/ second hand video games and accessories on diverse e-commerce sites in India such as OLX and Flipkart. He had a rented apartment in Pitampura area in New Delhi. Bubo and his brother usually spend days in their apartment in front of their computer screens. The traders in Govind’s shop were of the opinion that Bubo was more comfortable being online than meet people physically. This proved to be true. I on different occasions tried to talk to Bubo. I called him on his phone and he evaded the prospect of meeting me face to face. In the end, I gave up on him, as I did not know how to convince him to have a chat with me. While I personally never met Bubo, I collected information about him from different sources. As the traders at Govind’s shop found him peculiar, they had many things to say about him. They were all impressed by the fact that Bubo self taught himself to be a hacker and got past through many of the website requirements. The online trading networks entailed certain rules. For instance, with relation to the matters of quality of goods, many of the online marketing websites such as Flipkart in India wanted the trader to put up guaranteed products. According to the traders, Bubo was able to find solution to get past the different barriers put up by the big companies. Bubo with his hacking skills was an assent to Govind’s shop. Therefore, it was not surprising to see that throughout the course of my fieldwork, his name kept reappearing. In January 2015, when I went to Govind’s shop, the mythical figure of Bubo came up again. This time I saw his face for the first time on </em>WhatsApp<em> through Govind’s iPhone 5. I learnt that Bubo was in China. He had a new Chinese girlfriend whom he had met through online trading exchanges. As I flipped through the images on Govind’s phone, I saw Bubo dining with his girl friend, meeting her wide circle of friends and family in China.</em></p>
<p>Bubo’s story is an interesting illustration of how the lower-end trading alliances initiated by <em>WhatsApp</em> start to have a life of its own. Bubo was ambitious and wanted to make the most of the opportunities available to him. However, as Govind maintained his relocation to China could not be simply put as a business strategy. Govind recollected that Bubo held a fascination for Chinese women. His move to China therefore was both an attempt to better his economic prospects as well as an attempt at finding romantic love. Bubo was trying hard to teach himself Chinese and if everything worked in his favour, he might end up making a permanent move to China, Govind added.</p>
<p> </p>
<h2>Conclusion</h2>
<p>For many of the users of <em>WhatsApp</em> all over the world, it is difficult to imagine it as a tool for business. We are accustomed to sharing personal messages and images with friends and families living in different parts of the world. Only in recent times, we hear varied usages of <em>WhatsApp</em>: to spread xenophobic messages in closed groups, and organize events and community tasks. Even then, the impersonal usage of <em>WhatsApp</em> is marginal.</p>
<p>In early May 2015, I was part of a meeting of peer-to-peer value creation in Europe. One of the participants spoke about how a <em>Fablab</em> in Madrid was beginning to use <em>WhatsApp</em> to assign community related tasks and operations. It made me realise how the traders in Delhi were one step ahead of all of us. Already in 2013, traders were co-opting <em>WhatsApp</em> to their work sphere. At a time in which high-skilled knowledge workers in Europe are devising community platforms akin to <em>WhatsApp</em>, traders in Delhi saw the potential of it as a social and economic tool much earlier. I was amazed at the pace at which traders submerged themselves in different endeavours. The traders never had a half-hearted relationship with anything, their consumers and the search for profit. The similar merging into the environment was visible through their use of smartphones as well. The traders in Lajpat Rai Market and Palika Bazaar learnt to stay alert surviving in the margins of an urban economy. It had become their second nature to see an opportunity in everything. And this attitude meant that they pushed every situation to its limits. Flirting with laws, selling of contraband and pirated media goods showed that the traders were ready to test the limits of any situation.</p>
<p><em>WhatsApp</em> and trade related texts are an example of thinking out of the box. Even in its early days, <em>WhatsApp</em> facilitated trading links show a lot of potential. The traders from China and India have established profitable business links. Some of them have developed friendship and romantic relationships. Only time will tell to what extent and in which direction trade related ties would evolve. One could only imagine the prospect of long-term dense trading networks with China. With the official players in India and China having strong visions about where the futures of both countries should head, the experimental and out of the box thinking of many of the traders with technology per se gives hope for a more hybrid regime in Asia.</p>
<p> </p>
<p><em>The post is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
<p> </p>
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For more details visit <a href='https://cis-india.org/raw/blog_whatsapp-and-the-creation-of-a-transnational-sociality'>https://cis-india.org/raw/blog_whatsapp-and-the-creation-of-a-transnational-sociality</a>
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No publisherMaitrayee DekaSocial MediaResearchers at WorkRAW Blog2015-07-10T04:22:38ZBlog EntryWhatsApp and Transnational Lower-End Trading Networks
https://cis-india.org/raw/blog_whatsapp-and-transnational-lower-end-trading-networks
<b>This post by Maitrayee Deka is part of the 'Studying Internets in India' series. Maitrayee is a postdoctoral research fellow with the EU FP7 project, P2P value in the Department of Sociology, University of Milan, Italy. Her
broader research interests are New Media, Economic Sociology and Gender and Sexuality. This is the first of Maitrayee's two posts on WhatsApp and networks of commerce and sociality among lower-end traders in Delhi.</b>
<p> </p>
<p>One of the first things that stood out in the Delhi traders’ anonymous bearings was their love for smartphones. In the two mass electronic markets in the city, Lajpat Rai Market and Palika Bazaar, the traders of video games carried varieties of smartphones of different sizes and colours. From iPhones to Samsung Galaxies, the traders vied for the latest gadget available in the market. As a researcher, within a year, I moved from getting an accidental peek into their smartphone screens to a phase when the traders felt comfortable sharing their personal messages with me.</p>
<p>I spend considerable time in Lajpat Rai Market and Palika Bazaar in Delhi between September 2012 and September 2013. I interviewed different traders and had day-to-day conversations with the people coming to their shops. Tracking several events in the shops, I knew the relative time that the traders spent on various activities. I saw on most days the traders divided their time between interacting with consumers and browsing through their smartphones. The traders spent maximum time of their virtual existence by being on <em>WhatsApp</em>. A large part of the goods to local electronic markets in Delhi were coming from China. And increasingly, <em>WhatsApp</em> was becoming an important communication channel managing transnational trade related exchanges.</p>
<p> </p>
<h2>Entry into the <em>WhatsApp</em> World</h2>
<p>When I started visiting Lajpat Rai Market and Palika Bazaar at the end of 2012, I had not installed <em>WhatsApp</em> on my phone. The traders in the different markets were curious to know what was keeping me away from it. They came to a point when they could not anymore see me outside of <em>WhatsApp</em>. I, on the other hand had reservations of being part of a medium that meant continuous contact with the world. When finally I got past my initial doubts, there arose another problem. I could not download <em>WhatsApp</em> on my phone without the server asking for a rental fee of 250 Indian Rupees. After a few days, on being asked the same question again in Palika Bazaar, I told the traders about my problem. Lalit, a trader in Palika Bazaar retorted, ‘That is not possible! We did not pay to install <em>WhatsApp</em> on our phones’. He asked me to pass him my phone. Lalit cracked the security code by getting on to the Palika Bazaar Wi-Fi network and installed <em>WhatsApp</em> on my phone.</p>
<p>It was interesting to see that the traders did not always use legal channels to buy their smartphones and get an Internet connection. Many of the conversations about their smartphones were about where the traders bought their stolen iPhone. There were discussions about how much money different traders paid to get their hands on a used iPhone. They compared the feature and quality of each other’s smartphone. Sometimes even I was asked if I wanted a new cell phone for a good price and if I wanted to sell my old phone. The fascination for smartphones that in the first instance seemed like a fad for a shiny branded product, showed its own complex side. The importance of keeping an expensive phone had its conspicuous side and that explained the fascination of traders for iPhones. However, that was not all. The conspicuous side of the trader was not visible in other dimensions of their being, for instance the clothes they wore. The traders on most days were happy to buy second-hand and knock off goods from the street vendors outside Lajpat Rai Market and Palika Bazaar. The inclination of the traders to carry expensive phones and willingness to try different measure to possess them showed that smartphones were important to the traders.</p>
<p>I tried to understand the inclination of the traders towards their smartphones. One way by which I thought their smartphone usage could become intelligible to me was by locating it in their everyday world. What the traders did on most days and exploring where and how smartphones configured amongst other activities could make its usages noticeable. I observed one of the things that the traders hated in both the markets was to have free time in their hands. The time for chatter meant that they were not doing business. And the possibility of not making enough money made them anxious. The traders were trying to curtail the amount of time they spent on insignificant activities including the need to talk to me. Most of the times, they only entertained me when they did not have consumers in their shops. It was then interesting for me to see the traders’ fascination for their smartphones. The usage of the Internet also ideally carried levels of non-productivity that on other instances made the traders very anxious. It meant that they were not making direct monetary transactions with consumers. Having seen the traders obsessed about making sales, I was unable to place their choice of being on their smartphones in their free time. Soon, this dilemma was cleared. Being on the smartphone did not mean the traders were making social calls. Most of the times when the traders were on their smartphones, they were texting each other on <em>WhatsApp</em>. Eventually, I found out that most of the exchanges on <em>WhatsApp</em> were trade related. The traders not using <em>WhatsApp</em> for pleasure indicated that their activity on the Internet reflected how they are offline. The traders were preoccupied with the prospect of making profit and they did not want to waste any opportunity coming their way. This was the driving force and the source of innovation in the markets. The traders’ smartphone usage also followed the instinct of minimising wastage and find business opportunities in everything they did. The result was to make dominant in the markets another usage of <em>WhatsApp</em> other than its use for social communication: transnational real time trade exchanges.</p>
<p> </p>
<h2><em>WhatsApp</em> and Trading</h2>
<p>Especially in the year’s post 2010, the mass markets of video games in Delhi were in a strange predicament. The heyday of these markets as the sole channels of distribution and acquisition of video games was over. Increasingly, these markets that sold paraphernalia of gaming devices were challenged by the onslaught of online gaming market and gaming franchises in Delhi. In such a situation, many of the traders were trying to find alternative ways to boost up their sales. One of the ways in which these markets were trying to sustain themselves in the face of immense competition was to find niche market of electronic products. The traders in Lajpat Rai Market and Palika Bazaar extended their trading links to China in an effort to get diverse as well as cheap electronic products. The Chinese lower end markets particularly in the Guangdong province became an important supply node of different qualities of video games to the mass markets in Delhi. For each PlayStation Portables in Lajpat Rai Market and Palika Bazaar, there were a number of cheap varieties of ‘Made in China’ handheld games.</p>
<p>All the multiple links with the Chinese lower-end economy that sustained the day-to-day functioning of the Delhi markets depended on continuous communication between the Indian and Chinese traders. This was where <em>WhatsApp</em> took control of the trading scene. Traders used it regularly to communicate with the Chinese traders. In the absence of face-to-face interaction, <em>WhatsApp</em> messages were the only way to initiate business transactions with the Chinese traders. The lack of face-to-face interaction presupposed that trading details were resolved on <em>WhatsApp</em>. There were a large number of to and fro exchanges of messages. As the traders felt comfortable showing me glimpses of their <em>WhatsApp</em> messages, I saw that on a single day hundreds of messages were exchanged even before the real transaction of placing an order and payment details were discussed. Many of the messages were exchanges of images of different varieties of a game that the Indian traders might be interested in. Image after image arrived of video games with their prospective prices. Most of these exchanges were in English. However, at times there were also messages in Cantonese that the traders translated online.</p>
<p><em>WhatsApp</em> therefore, developed as a space where the traders got past their geographical and linguistic gap to successfully communicate and complete business transactions. <em>WhatsApp</em> facilitated messages enabled the markets to get new innovative products into the local market as well as track the complete transaction process.</p>
<p>For individual traders, <em>WhatsApp</em> was the lifeline of their present trade networks. Before the arrival of ‘instant messaging app for smartphone’, most of the links that the traders had with the transnational markets were through individual importers that travelled to Hong Kong, Bangkok and other places in Asia to get games manufactured in Japan and the West. During those days, a trader had to depend on the importers to bring him exclusive products that could be profitable in the local markets. The traders pointed out that the problem with this arrangement was that traders were almost entirely dependent on the importer not only to smuggle new products into the country but also for information. Often the traders knew of new products only with the information they acquired from the importers.</p>
<p>Things changed drastically with the advent of instant messaging especially <em>WhatsApp</em>. Now the traders were only a message away from connecting to their collaborators in China. An individual trader had the possibility to bring new innovative products without relying on others for information and trade negotiations. This increased the possibility for him to have a period of privileged profit before the product got widely popularised in the market. The constant exchanges of samples of video games and accessories were a step towards that. Often the traders kept up with continuous communication with the Chinese traders, as they did not want to miss an opportunity to be the first one to track the next big trend in the market. If the traders felt that they had picked up a product that had the potential of becoming a popular product, they were not hesitant to place huge orders. The traders said that they trusted the work ethics of the Chinese people. However, what also helped the traders to appreciate the Chinese work ethics was their constant tracking of transaction on <em>Whatsapp</em>. Bharat, a trader in Lajpat Rai Market had placed a large order for adaptors of gaming consoles in July 2013. Once when I was visiting his shop, he was messaging with a trader in China to sort out the delay that was occurring in the delivery process. Bharat said to me still texting on <em>WhatsApp</em>, ‘I don’t worry about the Chinese; they are very sincere and trustworthy’.</p>
<p><em>WhatsApp</em> is synonymous with transnational trading alliances in the lower-end markets in Delhi. It has seamlessly merged into the trading environment to the extent that the traders do not consciously reflect on the role it plays in pushing their individual trade forward. It seemed traders lived two parallel lives: one with the local market goers in Delhi and another with the Chinese traders on their smart phones. The individual trader-to-trader exchanges between two countries are unprecedented in history. And with time, the trade networks are becoming denser and wider.</p>
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<p><em>The post is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
<p> </p>
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For more details visit <a href='https://cis-india.org/raw/blog_whatsapp-and-transnational-lower-end-trading-networks'>https://cis-india.org/raw/blog_whatsapp-and-transnational-lower-end-trading-networks</a>
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No publisherMaitrayee DekaSocial MediaResearchers at WorkRAW Blog2015-09-13T10:44:15ZBlog EntryDelhi government in consultation with Centre to block Uber's Internet address
https://cis-india.org/internet-governance/news/economic-times-harsimran-julka-february-25-2015-delhi-government-in-consultation-with-centre-to-block-ubers-internet-address
<b>The Delhi transport department has started consultation with the central government to block the internet address of taxi hailing app Uber if the San Francisco-based startup does not obtain a radio taxi licence to ply its cabs in the national capital.</b>
<p>The article by Harsimran Julka was <a class="external-link" href="http://articles.economictimes.indiatimes.com/2015-02-25/news/59499984_1_delhi-high-court-radio-taxi-licence-transport-department">published in the Economic Times</a> on February 25, 2015. Pranesh Prakash is quoted.</p>
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<p style="text-align: justify; ">Blocking Uber's IP will mean the company's website and mobile phone application will no longer be accessible in India, effectively shutting down operations in a country which the startup estimates is its largest market outside the <a href="http://economictimes.indiatimes.com/topic/United%20States">United States</a>.</p>
<p style="text-align: justify; ">Uber has operations across 10 cities in India with over 10,000 cabs registered on its platform."We have initiated a process with the central government to block (Uber's) IP address in India if the company doesn't abide by law," said a senior official in the Delhi transport department.</p>
<p style="text-align: justify; ">Uber and other taxi app companies were banned from operating in Delhi after the alleged rape of a passenger by a driver on the Uber network in December 2014. Subsequently, the transport department modified radio taxi laws and directed Uber and rivals <span>OlaCabs</span> and Taxiforsure to obtain licences to operate legally in the city. While Ola has obtained a licence, Uber, which terms itself as a technology company and not a transport provider, has been demanding that it be regulated under the Information Technology Act. "There has to be an end to the matter somewhere," said the official quoted above. The department has given Uber time until February 25 to submit a revised application for a radio taxi licence.</p>
<p style="text-align: justify; ">"We are waiting to see if they comply and apply for a licence before issuing a written request (to block the IP address),' said a second official who confirmed that the transport department had already begun discussions with the department of IT. Zubeda Begum, the standing counsel for the Delhi government is likely to submit an affidavit on Wednesday in the Delhi High Court on the method to be adopted to block the IP address.</p>
<p style="text-align: justify; ">The court, which is hearing the case of the alleged rape, had raised the issue of banning IP addresses of taxi app companies after the state government complained that the companies continued to ply in the national despite the ban.</p>
<p style="text-align: justify; ">"It is the central government which will have to block the website. The Delhi government just has to make a request," Begum told ET.</p>
<p style="text-align: justify; ">Pawan Duggal, cyber law expert and a <a href="http://economictimes.indiatimes.com/topic/Supreme%20Court">Supreme Court</a> advocate, said that the blocking of websites in India can be done under Section 69A of the <a href="http://economictimes.indiatimes.com/topic/Information%20Technology%20Act">Information Technology Act</a> but the rules to get them unblocked are unclear.</p>
<p style="text-align: justify; ">"A court order may be needed to get it unblocked," said Duggal.</p>
<p style="text-align: justify; ">A spokeswoman for Uber said the company will continue to work with the authorities and is "evaluating the perceived deficiencies in the time period provided to us by the government."</p>
<p style="text-align: justify; ">This is not the first time that the website of a foreign company will be banned in India. Last December, about 32 websites including <a href="http://economictimes.indiatimes.com/topic/SourceForge">SourceForge</a>, <a href="http://economictimes.indiatimes.com/topic/Archive">Archive</a>, <a href="http://economictimes.indiatimes.com/topic/Vimeo">Vimeo</a>, <a href="http://economictimes.indiatimes.com/topic/Dailymotion">Dailymotion</a> were banned on grounds of national security. Uber itself has had its IP address blocked in countries such as Spain. Last December, a Madrid Court ordered Spain's telcos to block access to Uber.</p>
<p style="text-align: justify; ">"Any state government department can request the designated authority to block a website. The authority has to then forward the request to a committee, which takes the decision," said Pranesh Prakash, at the Centre for Internet and Society in Bengaluru.</p>
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For more details visit <a href='https://cis-india.org/internet-governance/news/economic-times-harsimran-julka-february-25-2015-delhi-government-in-consultation-with-centre-to-block-ubers-internet-address'>https://cis-india.org/internet-governance/news/economic-times-harsimran-julka-february-25-2015-delhi-government-in-consultation-with-centre-to-block-ubers-internet-address</a>
</p>
No publisherpraskrishnaSocial MediaInternet GovernanceCensorship2015-03-09T02:12:15ZNews ItemPastebin, Dailymotion, Github blocked after DoT order: Report
https://cis-india.org/internet-governance/news/times-of-india-anupam-saxena-december-31-2014-pastein-dailymotion-github-blocked-after-dot-order
<b>A number of Indian users are reporting they're not able to access websites such as Pastebin, DailyMotion and Github while accessing the internet through providers such as BSNL and Vodafone.</b>
<p style="text-align: justify; ">The article by Anupam Saxena was <a class="external-link" href="http://timesofindia.indiatimes.com/tech/tech-news/Pastebin-Dailymotion-Github-blocked-after-DoT-order-Report/articleshow/45701713.cms">published in the Times of India</a> on December 31, 2014. Pranesh Prakash is quoted.</p>
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<p style="text-align: justify; ">The block was first reported by Pastebin, a website where you can store text online for a set period of time, through its social media accounts on December 19. In a follow-up post on December 26, the site posted that it was still blocked in India on the directions of the Indian government.A number of users also posted about the blocks on Reddit threads confirming that the sites have been blocked by Vodafone, BSNL and Hathway, among others.It now appears that the blocks are being carried out on the instructions of DoT (Department of Telecom). The telecom body reportedly issued a notification regarding the same on December 17. A screenshot of the circular has been posted on Twitter by Pranesh Prakash.</p>
<p style="text-align: justify; ">The notification mentions that 32 URLs including Pastebin, video sharing sites Vimeo and DailyMotion, Internet archive site archive.org and Github.com( a web-based software code repository), have been blocked under Section 69A of the Information Technology Act, 2000. DoT has also asked ISPs to submit compliance reports. However, we have not been able to verify the authenticity of the circular.</p>
<p style="text-align: justify; ">At the time of writing this story, we could not access Pastebin, DailyMotion and Github on Vodafone 3G and our office network that has access via dedicated lines. Vodafone is not displaying any errors and is simply blocking access. However, a number of users report that they're getting an error that says 'the site is blocked as per the instructions of Competent Authority.' However, we were able to access all the websites on Airtel 3G.</p>
<p style="text-align: justify; "><span id="advenueINTEXT" style="float:left; "> </span><span style="float:left; "><span id="advenueINTEXT" style="float:left; "> </span></span></p>
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For more details visit <a href='https://cis-india.org/internet-governance/news/times-of-india-anupam-saxena-december-31-2014-pastein-dailymotion-github-blocked-after-dot-order'>https://cis-india.org/internet-governance/news/times-of-india-anupam-saxena-december-31-2014-pastein-dailymotion-github-blocked-after-dot-order</a>
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No publisherpraskrishnaSocial MediaInternet GovernanceChilling EffectCensorship2015-01-03T04:17:48ZNews ItemIndian Government still blocks 20+ websites – Indian Censorship on Internet
https://cis-india.org/internet-governance/news/times-of-assam-january-2-2015-indian-govt-still-blocks-websites-india-censorship-on-internet
<b>Indian Government has blocked 20+ major websites to counter ISIS propaganda. The government has removed blocking of github.com, vimeo.com and other 10+ websites blocked till December 31, 2014.</b>
<p style="text-align: justify; ">The article was <a class="external-link" href="https://www.timesofassam.com/technology/indian-government-still-blocks-20-websites-indian-censorship-internet/">published in the Times of Assam</a> on January 2, 2015. Pranesh Prakash is quoted.</p>
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<p style="text-align: justify; ">A confidential department of telecom order – dated December 17, 2014 – instructing all internet service licensees to block the websites appeared online on Wednesday.</p>
<p style="text-align: justify; ">When contacted to verify the news, Dr Gulshan Rai – Director of the Indian Computer Emergency Response Team (CERT-In) – told, the directions had been issued to internet service providers following a Mumbai Additional Chief metropolitan magistrate’s November order directing the government’s Department of Electronics and Information Technology (DeitY) to implement the same.</p>
<p style="text-align: justify; ">Pranesh Prakash – Policy Director at Bengaluru-based Center for Internet and Society – questioned the lack of transparency around the practice of blocking websites under the Indian law. “Qn for govt: Why does the law require secrecy of web blocking orders when it doesn’t allow such secrecy for books, films? #GoIBlocks,” he tweeted, adding, “The 69A Rules don’t allow for transparency, accountability, time-limits on blocks, etc. So easily misused by govt. + courts + individuals.” The websites were blocked under section 69 A of the IT Act, 2000 and the IT (Procedure and sdafeguards for Blocking of Access of Information by Public) rules, 2009.</p>
<p style="text-align: justify; "><img src="https://cis-india.org/home-images/PP.png" alt="PP" class="image-inline" title="PP" /></p>
<p style="text-align: justify; ">Currently, the Supreme Court is in the middle of hearing a clutch of petitions challenging several IT Act provisions, including blocking and takedown of websites.</p>
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For more details visit <a href='https://cis-india.org/internet-governance/news/times-of-assam-january-2-2015-indian-govt-still-blocks-websites-india-censorship-on-internet'>https://cis-india.org/internet-governance/news/times-of-assam-january-2-2015-indian-govt-still-blocks-websites-india-censorship-on-internet</a>
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No publisherpraskrishnaFreedom of Speech and ExpressionSocial MediaInternet GovernanceCensorship2015-01-03T03:47:16ZNews ItemGovt cracks down on cyber jehad network, blocks access to 32 websites
https://cis-india.org/internet-governance/news/india-today-january-1-2015-govt-cracks-down-on-cyber-jehad-network-blocks-access-to-32-websites
<b>The Modi government is starting the New Year with the resolve to wipe out terror and it has cracked down on websites that have been carrying anti-India views and spreading the propaganda of the Islamic State (IS). </b>
<p>The article <a class="external-link" href="http://indiatoday.intoday.in/story/cyber-jehad-network-dot-vimeo-git-hub-daily-motion-source-forge-paste-bin--islamic-state-mehdi-masroor-biswas/1/410787.html">published in India Today</a> on January 1, 2015 quotes Pranesh Prakash.</p>
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<p style="text-align: justify; ">Reacting to an alert from the antiterror squad of a state police department, the Department of Telecom (DoT) has blocked access to 32 websites. The DoT order that was tweeted by Pranesh Prakash, policy director of the Bangalore-based research organisation, said that 32 URLs have been blocked under section 69 of the Information and Technology Act, 2000.</p>
<p style="text-align: justify; ">The order was reportedly issued on December 16 and it was shared on Twitter on Wednesday. GitHub, Archive.org, Imgur, Vimeo, Daily Motion, Pastebin, sourceforge, justpaste, cryptbin were among the sites that were blocked.</p>
<p style="text-align: justify; ">As reports emerged on the ban of these sites, there was outrage on Twitter on the issue of internet censorship. However, most of the websites mentioned in the list that were to be blocked were accessible. Pastebin and Internet Archive, two websites that have reportedly been blocked, tweeted their views.</p>
<p style="text-align: justify; ">"If you are from India and unable to visit Pastebin, please email us," Pastebin tweeted on December 19. Internet Archive tweeted on December 31 that they too received complaints from users in India who can't access its website.</p>
<p style="text-align: justify; ">Reacting to the outrage, Arvind Gupta, national head of the BJP IT Cell took to Twitter and said that these sites have been blocked after an alert from an anti-terrorism squad that most of them were carrying anti-India content from the Islamic State (IS).</p>
<p style="text-align: justify; ">"We should congratulate the government for taking a preventive and precautionary step in a proactive manner based on an advisory," Gupta told Mail Today.</p>
<p style="text-align: justify; ">He added that he does not have any details of the Department of Telecommunications (DoT) order and only reacted to the Twitter debate on the subject.</p>
<p style="text-align: justify; ">Intelligence agencies have been struggling to monitor terror activities on cyber space. There have been reports of terror groups using social media to attract young minds to jehadi ideology.</p>
<p style="text-align: justify; ">The recent arrest of Bangalore-based executive Mehdi Masroor Biswas, who was operating a Twitter handle under the the name @ShamiWitness and promoting the views of the Islamic State, has come as a wake-up call for security agencies. Biswas, an engineer working as a "manufacturing executive" with ITC Foods, was nabbed from his rented oneroom apartment after a news report stated that his was the most popular IS Twitter account with close to 17,000 followers, and his tweets were getting viewed over two lakh times a month.</p>
<p style="text-align: justify; ">Sources said there are close to 30,000 such Twitter handles and other social media forums along with websites that are spewing venom, and little can be done to monitor all of them and act on time. With cyber threat becoming a clear and present danger, the Centre has decided to set up a highlevel committee to only monitor social media and cyber space. Counter-terror officials believe that the jehadi nexus has a huge bearing on India as youth active on social media are vulnerable to the propaganda being carried out online.</p>
<p style="text-align: justify; ">Other than @ShamiWitness, there are Twitter handles such as @MagnetGas with radical views and pro-IS tone that are now under the lens. What is disturbing is that many such sites are India-specific and some are believed to be handled by Indians.</p>
<p style="text-align: justify; ">"If there is misuse of Internet and social media, it needs to be dealt with legally. The Internet is like a public place, so if there are extreme views, the state needs to exercise its powers," says D.C. Pathak, former chief of the Intelligence Bureau.</p>
<p style="text-align: justify; ">This is not the first time that the DoT has clamped down on websites for promoting "objectionable" content. In June 2013, 39 websites that allowed users to share pornographic content were reportedly blocked.</p>
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For more details visit <a href='https://cis-india.org/internet-governance/news/india-today-january-1-2015-govt-cracks-down-on-cyber-jehad-network-blocks-access-to-32-websites'>https://cis-india.org/internet-governance/news/india-today-january-1-2015-govt-cracks-down-on-cyber-jehad-network-blocks-access-to-32-websites</a>
</p>
No publisherpraskrishnaSocial MediaCensorshipFreedom of Speech and ExpressionInternet GovernanceChilling Effect2015-01-03T03:29:21ZNews Item