The Centre for Internet and Society
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Biometry Is Watching
https://cis-india.org/news/biometry-is-watching
<b>In its first steps, the UID drive encounters practical problems, raises ethical questions, reports Sugata Srinivasaraju in Outlook.</b>
<p>Three women are fighting to take one chair in a classroom of a government school in Chelur village, in Gubbi taluka of Tumkur district. One sits on the lap of another and the third tries to push them both off the chair. What all three want is to be the first to be profiled under the Centre’s ambitious Aadhaar or unique identity number (UID) project. Their squabbling holds up the documentation by nearly 20 minutes, and the crowd outside, standing in line in the afternoon sun, grows restless. To calm them, the village revenue secretary orders the distribution of another round of buttermilk.</p>
<p>Chelur is one of four villages in the district picked for field trials before the 12-digit UIDs are assigned to people later in the year. Besides Tumkur, the pilot project is simultaneously running in seven villages of Mysore district. Each village has been given a target of 2,400-2,500 profiles to be completed in 20 days. This involves photographing the face, imaging the iris and scanning all ten digits of each person profiled and assigned a UID.</p>
<p>Villagers are enthusiastic about this rigorous profiling process even though there’s little awareness about the true purpose of the exercise. This is because of some falsehoods that have somehow spread in these areas. Nagamma, an elderly woman coming out after being profiled, thinks her eyes had been tested and found to be in perfect condition. Another middle-aged woman thought the exercise would bring her a new ration card—one that would entitle her family to an extra four kilos of rice. Some others were in a tizzy that if they didn’t undergo this “photography” their BPL cards would be taken away. Most, however, had queued up because they didn’t want to be left out of a sarkari exercise their neighbours were submitting to. Of the dozen people Outlook spoke to, only Muniswamy could tell us that this process would ensure that no one had more than one voter ID card or ration card—the way it should be, unlike some in his village who had illegally acquired two of each.</p>
<p>The village authorities have been doing little to counter the misinformation because their attention is focused on other compelling matters, like meeting the assigned target. This is an important issue because gram panchayat elections have been declared in Karnataka and lots of youngsters set off for campaigning early in the morning and would be difficult to locate for profiling.</p>
<p>According to official figures, Chelur has a population of 5,000, with 3,640 people above the age of 18. A random selection of 2,400 has been made from this to meet the UID target. The number seems small, but handling it at the village level can be demanding for the local authorities—there’s no police for crowd control, refreshments have to be distributed and the computerised work has to be done despite the power outages. Using generators has become inevitable, for the villages get hardly four or five hours’ power supply.</p>
<p>Another problem lies in obtaining the fingerprints of rural folk: most of them are engaged in manual labour or farm work and arrive with dirty palms that defeat the biometric reading machines. Pails of water, detergent and towels are provided for cleaning up. Much time is lost in such rescanning and it goes against the official estimate of five minutes for the young, nine for the elderly.</p>
<p>Prasanna Kumar, the village secretary, admits to the problems. “We did not make an open announcement for the UID pilot because we didn’t want to attract large crowds. We quietly prepared a random list of 2,400 people from the ration card database and went door-to-door to invite them,” he says. “We have left out people above the age of 80 and under 18. We told people this identity number will help them access various government schemes. Fingerprinting is the toughest problem. Initially people were reluctant, but suddenly they have become curious.”</p>
<p>H. Gnanesh, the tehsildar, says the ongoing step is only “concept testing”; the next will be rechecking, in which those already profiled will verify their identity details against what has been stored. Only after that will the UID be issued. In Chelur village, the concept testing ended on May 4; rechecking began the very next day.</p>
<p>Some NGOs observing the process have noted the lack of awareness in villagers. “They are clueless about what they are taking part in,” say Mahadev Prasad and Murthy, of the Basava Seva Trust. Murthy says fingerprinting is a big problem. He speaks of Hommaragalli, in Mysore district, where some foreign experts had to be called in to take a look at the scanning machines.</p>
<p>Then there are larger issues. Away from the surging crowds in Chelur, civil society organisations like the Centre for Internet & Society, the Alternative Law Forum and PUCL have been demanding greater dialogue. In fact, they have even suggested a review of the scheme. They argue there is no clarity on how the government proposes to store and secure personal and biometric data, given the fact that various agencies such as banks, telecom companies and government departments would potentially access it. Security is a huge concern also because the software, hardware and expertise of foreign companies is being used. These NGOs say the UID data, the National Population Registry and the NATGRID, when connected, could prove a grave threat to civil liberties.</p>
<blockquote>
<p>“First, a centralised database, like the UID will create, has never been safe,” says Sunil Abraham of CIS. “It needs to be decentralised like our various mail servers. Second, we feel the collection of biometric data is happening at the wrong end of the pyramid. Instead of putting the poor through the process first, why not start with those with financial dealings of Rs 1 crore and above. Third, one study says 48 per cent of our people cannot remember a 12-digit ID. Fourth, we need privacy laws in place before the UID regime sets in.”</p>
</blockquote>
<p>Those problems apart, even raising the level of the current exercise—from small samples of a few thousand each to profiling the billion-plus population of India—could place severe demands on our shaky administration. There’s a mountain to be moved.</p>
<p>Read the original article in the <a class="external-link" href="http://www.outlookindia.com/article.aspx?265326">Outlook</a></p>
<p>
For more details visit <a href='https://cis-india.org/news/biometry-is-watching'>https://cis-india.org/news/biometry-is-watching</a>
</p>
No publisherpraskrishnaInternet Governance2011-04-02T12:08:26ZNews Item‘UID is being forced’
https://cis-india.org/news/UID-is-forced
<b>CIS feels that the UID project is forced on the citizens.</b>
<p>The Centre for Internet and Society on Wednesday said the UID project — Aadhaar — is being forced on the citizens. Speaking to reporters, the centre’s executive director Sunil Abraham said: “The 16-digit UID number will be mentioned on the driver’s license, PAN card, ration card and voter’s identity card with other important data. It is not transparent. Since the UID database is available online, hackers can easily obtain vital information.’’</p>
<p>Read the article in the <a class="external-link" href="http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIBG&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW&GZ=T&AW=1272533977015">Times of India</a></p>
<p>
For more details visit <a href='https://cis-india.org/news/UID-is-forced'>https://cis-india.org/news/UID-is-forced</a>
</p>
No publisherpraskrishnaInternet Governance2011-04-02T12:20:18ZNews ItemID programme faces first challenge over privacy, data
https://cis-india.org/news/id-programe-faces-challenge
<b>The government is looking to the ID programme to help ensure that various welfare programmes reach the poor</b>
<p>In the first significant challenge to the government’s ambitious programme to give more than one billion Indians a unique identification number, a group of NGOs (non-governmental organizations) are planning to take the government to court over a range of issues, including concerns over privacy and the safety of information.</p>
<p>About 100 NGOs, including Alternative Law Forum, Centre for Internet and Society, People’s Union for Civil Liberty and Slum Jagathu, have come together to oppose the implementation of the project in its current form, Mathew Thomas, general secretary of Citizens’ Action Forum, said in Bangalore on Wednesday.</p>
<p>The Unique Identification Authority of India (UIDAI) “is not a statutory body, not having been created by any Act or under any law, but by executive fiat”, he said. “It is set up as an appendage to the Planning Commission. It cannot be scrutinized either by Parliament or the Comptroller and Auditor General.”</p>
<p>In what had been expected to become a hurdle to the project, those against it are citing data protection and privacy, factors that led to the failure of a similar initiative in the UK.</p>
<p>“The government could not prevent recent cyber attacks by Chinese hackers on its own websites. What guarantee is there that a centralized database would be safe?” said Sunil Abraham, executive director of Centre for Internet and Society, one of the groups opposed to the ID programme, which has been named Aadhaar. “Also, data collected might be misused to discriminate against minorities and other vulnerable sections of society.”</p>
<p>R.S. Sharma, UIDAI director general, declined to comment in detail.</p>
<p>“Everything is transparent. Whatever we have been doing, we have been putting it on our website,” he said. “As to their specific complaints, I will not be able to respond over the telephone.”</p>
<p>The NGOs are also questioning the cost of the project and why no feasibility study was conducted. UIDAI is headed by Nandan Nilekani, co-founder and former chief executive of Infosys Technologies Ltd, India’s second largest software firm.</p>
<p>“First, the government has to respond how the chairman was chosen and appointed,” Thomas said. “Would the same person in his earlier organization authorize a project involving thousands of crores without a preliminary project report on feasibility? Public money is being spent without accountability.”</p>
<p>Nilekani wasn’t reachable for comment.</p>
<p>The government is looking to the ID programme to help ensure that various welfare programmes reach the poor. This objective would be difficult to achieve, the NGOs said.</p>
<p>“In a country with 48% illiteracy, a 12-digit card might prove to be a handicap instead of help,” they said in a release. “The project in its present form must be scrapped.”</p>
<p>The NGOs also said that projected savings from the stemming of leakages owing to the ID programme were not authenticated or backed by independent data. “It’s surprising that the project is being implemented with no discussion in Parliament nor consultation with other political parties,” they said.</p>
<p>Follow the original story in <a class="external-link" href="http://www.livemint.com/2010/04/28234537/ID-programme-faces-first-chall.html">Livemint</a></p>
<p>
For more details visit <a href='https://cis-india.org/news/id-programe-faces-challenge'>https://cis-india.org/news/id-programe-faces-challenge</a>
</p>
No publisherpraskrishnaInternet Governance2011-04-02T12:20:28ZNews ItemScrap UID project, say people's organisations
https://cis-india.org/news/Scrap-UID-project
<b>The unique identification number project is executed without any legislative or parliamentary sanction.</b>
<p>Representatives of people's movements, mass organisations and institutions on Wednesday said the unique identification number (UID) project is being executed without any legislative or parliamentary sanction and demanded an end to it.</p>
<p>Sunil Abraham, executive director of the Centre for Internet and Society told press persons here that neither the launch of the UID project nor the constitution of the Unique Identification Authority of India (UIDAI) had any legislative sanction. Nothing is known of how the chairperson of the authority is selected, while the project proposes finger-printing of the entire population and storing of biometric and personal data of every person throughout his life and thereafter.</p>
<p>“Although the scheme is to only provide verification of identity, it is unclear what safeguards would prevent third parties from handling, sharing and utilising the data for any purpose,” he said. The UIDAI has agreed to use the services of foreign companies, their software and hardware. It appears that no thought has been give to the perils of placing in the hands of foreign companies data pertaining to the entire population of the country, Mr. Abraham felt. About the claims that the UID project will save crores of rupees by preventing misuse of various welfare schemes, Mr. Abraham questioned whether any feasibility study had been made in this regard.</p>
<p>The UID, the National Population Registry and the NATGRID, once combined and connected, pose grave concerns pertaining to civil liberties and fundamental rights.</p>
<p>Read the original article in the <a class="external-link" href="http://www.thehindu.com/2010/04/29/stories/2010042960600500.htm">Hindu</a></p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/news/Scrap-UID-project'>https://cis-india.org/news/Scrap-UID-project</a>
</p>
No publisherpraskrishnaInternet Governance2011-04-02T12:26:57ZNews ItemUID info can be misused
https://cis-india.org/news/uid-info-can-be-misused
<b>Public organisations, NGOs and concerned citizens feel UID may become an easy database for anti-social elements.</b>
<p>The Unique Identification number (UID) could become an easy database for anti-social elements, according to public organisations, NGOs and concerned citizens. They felt that the UID should be discouraged till more transparency and accountability was introduced in the system.</p>
<p>They were speaking during a discussion on the UID here on Wednesday.</p>
<p>"Including so many details of individuals into a Central database could be dangerous," said Sunil Abraham, executive director, the centre for internet and society. He said various users of the data such as banks, telecom companies, government departments could potentially make it dangerous.</p>
<p>There are concerns that this will also lead to a police raj in the state. "As it is now there are so many anti-establishment movements, it will become very easy for the cops to arrest people and put them behind bars on the pretext of biometric mismatch. And nobody can question the technology," said Jagadish Chandra.</p>
<p>See the original article in the <a class="external-link" href="http://www.dc-epaper.com/DC/DCB/2010/04/29/INDEX.SHTML">Deccan Chronicle</a></p>
<p>
For more details visit <a href='https://cis-india.org/news/uid-info-can-be-misused'>https://cis-india.org/news/uid-info-can-be-misused</a>
</p>
No publisherpraskrishnaInternet Governance2011-04-02T12:26:27ZNews ItemUID project draws flak from civil rights activists
https://cis-india.org/news/UID-project-draws-flak
<b>The unique identification project is drawing a flak from civil rights activists.</b>
<p>The unique identification project drew flak from civil liberties activists in the city on Wednesday. "Unique identification is an encroachment of privacy. With the new technology, it will be easy to track people," members of Citizens Against UID / Aashar, a forum floated by those opposing the project, including PUCL and SICHREM, said. They said the project should not be implemented until people's participation was ensured.</p>
<p>Read the original article in <a class="external-link" href="http://epaper.dnaindia.com/dnabangalore/epapermain.aspx?queryed=9&username=&useremailid=&parenteditioncode=9&eddate=4%2f29%2f2010">DNA</a></p>
<p>
For more details visit <a href='https://cis-india.org/news/UID-project-draws-flak'>https://cis-india.org/news/UID-project-draws-flak</a>
</p>
No publisherpraskrishnaInternet Governance2011-04-02T12:26:20ZNews ItemCitizens' forums want UID project scrapped
https://cis-india.org/news/citizens-forums-want-UID-scrapped
<b>Citizens’ forums and groups have stepped up their attack on the Unique Identification Project calling for the complete scrapping of the project.</b>
<p>Addressing the media persons on Wednesday, Thomas Matthew of Citizens’ Action Forum said all the transactions undertaken by the UID project should be scrutinised under an accountable public body policy.</p>
<p>“The State government should make the financial and technological implications and costs incurred so far, including details of contracts awarded with respect to the UID project,” he said.</p>
<p>One of the main concerns of the groups has been the lack of public discussion on the feasibility or desirability of the project.</p>
<p>“It was launched as an ID card for citizens, but was later changed to a number for all citizens. UID claims that there are several benefits of possessing a number, but passes on the responsibility to Registrars,” Matthew said.</p>
<p>While UIDAI Chairperson Nandan Nilekani announced that the number was voluntary, the need to have such a number for obtaining any other form of service including bank accounts, would force a person to get an ID number, he added.</p>
<p>Executive Director of The Centre for Internet and Society, Sunil Abraham said even though the scheme is supposed to only provide verification of identity, there was no guarantee of safeguard against its misuse by potential third party users like telecom companies, banks and government departments.</p>
<p>“Though claims have been made of huge savings as the UID will stem leakages from welfare schemes, such as employment guarantee scheme, PDS and the LPG subsidy, but no feasibility studies have been conducted to assess the veracity of such a claim,” Sunil said.</p>
<p>Read the original article in the <a class="external-link" href="http://www.deccanherald.com/content/66568/citizens-forums-want-uid-project.html">Deccan Herald</a></p>
<p>
For more details visit <a href='https://cis-india.org/news/citizens-forums-want-UID-scrapped'>https://cis-india.org/news/citizens-forums-want-UID-scrapped</a>
</p>
No publisherpraskrishnaInternet Governance2011-04-02T12:26:10ZNews ItemApril 2010 Bulletin
https://cis-india.org/about/newsletters/april-2010-bulletin
<b>Greetings from the Centre for Internet and Society! We bring you updates of our research, events and news for the month of April 2010.</b>
<h2><b>News Updates </b></h2>
<p class="ecxdocumentdescription"><b>Worries voiced over ID Project</b><span style="text-decoration: underline;"><br /> </span>The Government of India's Unique Identification (UID) Project came under flak at a workshop organised jointly by the Citizen Action Forum (CAF), the People's Union of Civil Liberties - Karnataka, the Alternative Law Forum and the Centre for Internet and Society - An article in The Hindu - 17th April.<br /> <a href="https://cis-india.org/news/worries-voiced-over-id-project" target="_blank">http://cis-india.org/news/worries-voiced-over-id-project</a></p>
<p class="ecxdocumentdescription"><b>UID: A debate on the Fundamental Rights</b><span style="text-decoration: underline;"><br /> </span>UID: A debate on the Fundamental Rights - was jointly organized by the Citizen Action Forum, People's Union for Civil Liberties - Karnataka, Alternative Law Forum and the Centre for Internet and Society on April 16th at IAT, Queens Road, Bangalore - An article in the Prajavani news paper - April 17th. <br /> <a href="https://cis-india.org/news/uid-a-debate-on-fundamental-rights" target="_blank">http://cis-india.org/news/uid-a-debate-on-fundamental-rights</a></p>
<p class="ecxdocumentdescription"><b>UID is an invasion of Privacy: Experts</b><br /> The Nandan Nilekani headed Unique Identification Authority of India (UIDAI) came in for much criricism at the first of a series of debates on the issue organised in the city on Friday - Deccan Chronicle, April 17th.<br /> <a href="https://cis-india.org/news/uid-is-an-invasion-of-privacy-experts" target="_blank">http://cis-india.org/news/uid-is-an-invasion-of-privacy-experts</a></p>
<p class="ecxmsonormal"><b>Experts debate on UID and rights </b><span style="text-decoration: underline;"><br /> </span>Bangalore, Apr 16, DHNS: A debate on ‘UID and Fundamental Rights’ organised by several city-based organisations, discussed the social, ethical issues, economic and legal issues that accompanies the UID. <br /> <a href="https://cis-india.org/news/experts-debate-on-uid-and-rights" target="_blank">http://cis-india.org/news/experts-debate-on-uid-and-rights</a></p>
<p class="ecxmsonormal"><b>Amendment to Copyright Act opposed </b><span style="text-decoration: underline;"><br /> </span>A report on the press conference held on 15th April, at the Press Club, Bangalore: The Hindu <br /> <a href="https://cis-india.org/news/amendment-to-copyright-act-opposed" target="_blank">http://cis-india.org/news/amendment-to-copyright-act-opposed</a></p>
<p class="ecxmsonormal"><b>They fight for the visually challenged </b><span style="text-decoration: underline;"><br /> </span>Times News Network - A report on the press conference held at the Press Club, Bangalore on 15th April, 2010. <br /> <a href="https://cis-india.org/news/they-fight-for-the-visually-challenged" target="_blank">http://cis-india.org/news/they-fight-for-the-visually-challenged</a></p>
<p class="ecxmsonormal"><b>Digital Natives Research Project Coordinator </b><span style="text-decoration: underline;"><br /> </span>The Centre for Internet and Society, Bangalore, in collaboration with Hivos Netherlands, is looking for a Research Project Coordinator to help develop a knowledge network and coordinate international workshops for the project "Digital Natives with a Cause?" <br /> <a href="https://cis-india.org/news/research-coordinator" target="_blank">http://cis-india.org/news/research-coordinator</a></p>
<p class="ecxmsonormal"><b>Expel or not? That is the question </b><span style="text-decoration: underline;"><br /> </span>The decision of an international school to expel 14 students for their alleged ‘promiscuous’ behaviour has led to much debate and discussion. <br /> <a href="https://cis-india.org/news/expel-or-not" target="_blank">http://cis-india.org/news/expel-or-not</a></p>
<p class="ecxmsonormal"><b>Nokia eyes GeNext to tap mobile email mkt </b><span style="text-decoration: underline;"><br /> </span>Finnish handset giant banks on youth to be in the technology race <br /> <a href="https://cis-india.org/news/nokia-eyes-genNext" target="_blank">http://cis-india.org/news/nokia-eyes-genNext</a></p>
<h3><b>Research</b></h3>
<p class="ecxmsonormal" style="text-align: justify; "><b>Critical Point of View: Videos </b><span style="text-decoration: underline;"><br /> </span>The Second event for the Critical Point of View reader on Wikipedia was held in Amsterdam, by the Institute of Network Cultures and the Centre for Internet and Society. A wide range of scholars, academics, researchers, practitioners, artists and users came together to discuss questions on design, analytics, access, education, theory, art, history and processes of knowledge production. The videos for the full event are now available for free viewing and dissemination.</p>
<p class="ecxmsonormal" style="text-align: justify; "><b>Colour Me Political </b><br /> What are the tools that Digital Natives use to mobilise groups towards a particular cause? How do they engage with crises in their immediate environments? Are they using their popular social networking sites and web 2.0 applications for merely entertainment? Or are these tools actually helping them to re-articulate the realm of the political? Nishant Shah looks at the recent Facebook Colour Meme to see how new forms of political participation and engagement are being initiated by young people across the world.<br /> <a href="https://cis-india.org/research/dn/dn2" target="_blank">http://cis-india.org/research/dn/dn2</a></p>
<p class="ecxmsonormal" style="text-align: justify; "><b>Meet the Web 2.0 Suicide Machine</b><br />Digital Natives live their lives differently. But sometimes, they also die their lives differently! What happens when we die online? Can the digital avatar die? What is digital life? The Web 2.0 Suicide machine that has now popularly been called the 'anti-social-networking' application brings some of these questions to the fore. As a part of the Hivos-CIS "Digital Natives with a Cause?" research programme, Nishant Shah writes about how Life on the Screen is much more than just a series of games. <br /> <a href="https://cis-india.org/research/dn/dn1" target="_blank">http://cis-india.org/research/dn/dn1</a></p>
<p class="ecxmsonormal" style="text-align: justify; "><b>Digital Natives with a Cause? </b><span style="text-decoration: underline;"><br /> </span>Digital Natives With A Cause? - a product of the Hivos-CIS collaboration charts the scholarship and practice of youth and technology with a specific attention for developing countries to create a framework that consolidates existing paradigms and informs further research and intervention within diverse contexts and cultures. <br /> <a href="https://cis-india.org/research/dn/dnrep" target="_blank">http://cis-india.org/research/dn/dnrep</a></p>
<h2><b>Advocacy</b></h2>
<h3><b>Accessibility</b></h3>
<p class="ecxmsonormal"><b>e-Accessibility: A Wiki Project </b><span style="text-decoration: underline;"><br /> </span>Envisaged and funded by the National Internet Exchange of India, and executed by the Centre for Internet and Society, a Wiki site pertaining to issues of disability and e-accessibility has recently been launched. <br /> <a href="https://cis-india.org/advocacy/accessibility/blog/e-accessibility-a-wiki-project" target="_blank">http://cis-india.org/advocacy/accessibility/blog/e-accessibility-a-wiki-project</a></p>
<p class="ecxmsonormal"><b>Copyright Law as a tool for Inclusion </b><span style="text-decoration: underline;"><br /> </span>Can Copyright Law be used as a tool for Inclusion? Rahul Cherian examines this in his blog on copyright. <br /> <a href="https://cis-india.org/advocacy/accessibility/blog/copyright-law-as-tool-for-inclusion" target="_blank">http://cis-india.org/advocacy/accessibility/blog/copyright-law-as-tool-for-inclusion</a></p>
<p class="ecxmsonormal"><b>Web Accessibility as a Government Mandate?</b><span style="text-decoration: underline;"><b> </b><br /> </span>Is Web accessibility just a Government Mandate? Should private sites be ignored? Wesolowski examines this in light of the steps taken by ictQATAR to make its website accessible to W3C standards, and hopes that Qatar and eventually all other Arab nations will follow suit and make Web accessibility much more of a mandate. <br /> <a href="https://cis-india.org/advocacy/accessibility/blog/web-accessibility-government-mandate" target="_blank">http://cis-india.org/advocacy/accessibility/blog/web-accessibility-government-mandate</a></p>
<h3><b>Intellectual Property</b></h3>
<p class="ecxdocumentdescription"><b>When Copyright Goes Bad </b><span style="text-decoration: underline;"><br /> </span>A part of the Access to Knowledge Project, this short film by Consumers International is available on DVD and online at A2Knetwork.org/film. <br /> <a href="https://cis-india.org/advocacy/ipr/blog/when-copyright-goes-bad" target="_blank">http://cis-india.org/advocacy/ipr/blog/when-copyright-goes-bad</a></p>
<h3><b>Openness</b></h3>
<p class="ecxdocumentdescription" style="text-align: justify; "><b>Research Project on Open Video in India </b><span style="text-decoration: underline;"><br /> </span>Open Video Alliance and the Centre for Internet and Society are calling for researchers for a project on open video in India, its potentials, limitations, and recommendations on policy interventions. <br /> <a href="https://cis-india.org/advocacy/openness/blog/open-video-research" target="_blank">http://cis-india.org/advocacy/openness/blog/open-video-research</a></p>
<p class="ecxmsonormal" style="text-align: justify; "><b>Does the Social Web need a Googopoly?</b><br />While the utility of the new social tool Buzz is still under question, the bold move into social space taken last week by the Google Buzz team has Gmail users questioning privacy implications of the new feature. In this post, I posit that Buzz highlights two privacy challenges of the social web. First, the application has sidestepped the consensual and contextual qualities desirable of social spaces. Secondly, Google’s move highlights the increasingly competitive and convergent nature of the social media landscape. <br /> <a href="https://cis-india.org/advocacy/openness/blog/does-the-social-web-need-a-googopoly" target="_blank">http://cis-india.org/advocacy/openness/blog/does-the-social-web-need-a-googopoly</a></p>
<p class="ecxmsonormal" style="text-align: justify; "><b>The (in)Visible Subject: Power, Privacy and Social Networking </b><span style="text-decoration: underline;"><br /> </span>In this entry, I will argue that the interplay between privacy and power on social network sites works ultimately to subject individuals to the gaze of others, or to alternatively render them invisible. Individual choices concerning privacy preferences must, therefore, be informed by the intrinsic relationship which exists between publicness/privateness and subjectivity/obscurity. <br /> <a href="https://cis-india.org/advocacy/openness/blog/the-in-visible-subject-power-privacy-and-social-networking" target="_blank">http://cis-india.org/advocacy/openness/blog/the-in-visible-subject-power-privacy-and-social-networking</a></p>
<h3><b>Internet Governance</b></h3>
<p class="ecxdocumentdescription" style="text-align: justify; "><b>Does the Safe-Harbor Program Adequately Address Third Parties Online? </b><span style="text-decoration: underline;"><br /> </span>While many citizens outside of the US and EU benefit from the data privacy provisions the Safe Harbor Program, it remains unclear how successfully the program can govern privacy practices when third-parties continue to gain more rights over personal data. Using Facebook as a site of analysis, I will attempt to shed light on the deficiencies of the framework for addressing the complexity of data flows in the online ecosystem. <br /> <a href="https://cis-india.org/advocacy/igov/blog/does-the-safe-harbor-program-adequately-address-third-parties-online" target="_blank">http://cis-india.org/advocacy/igov/blog/does-the-safe-harbor-program-adequately-address-third-parties-online</a></p>
<p class="ecxmsonormal" style="text-align: justify; "><b>Sense and censorship </b><span style="text-decoration: underline;"><br /> </span>Sunil Abraham examines Google's crusade against censorship in China in wake of the attacks on its servers in this article published in the Indian Express. <br /> <a href="https://cis-india.org/advocacy/igov/blog/sense-and-censorship" target="_blank">http://cis-india.org/advocacy/igov/blog/sense-and-censorship</a></p>
<p class="ecxmsonormal" style="text-align: justify; "><b>Report on the Fourth Internet Governance Forum for Commonwealth IGF </b><span style="text-decoration: underline;"><br /> </span>This report by Pranesh Prakash reflects on the question of how useful is the IGF in the light of meetings on the themes of intellectual property, freedom of speech and privacy. <br /> <a href="https://cis-india.org/advocacy/igov/blog/report-on-fourth-IGF" target="_blank">http://cis-india.org/advocacy/igov/blog/report-on-fourth-IGF</a></p>
<h3><b>Telecom</b></h3>
<p class="ecxdocumentdescription" style="text-align: justify; "><b>The Right Ring Tone </b><span style="text-decoration: underline;"><br /> </span>Focus on improving service quality with a strong partner, and not on one-shot stake sales, says Shyam Ponappa in his article published in the Business Standard on April 1, 2010. <span style="text-decoration: underline;"><br /> </span><a href="https://cis-india.org/advocacy/telecom/blog/ring-tone" target="_blank">http://cis-india.org/advocacy/telecom/blog/ring-tone</a></p>
<h2><b>Other Advocacy</b></h2>
<p class="ecxdocumentdescription" style="text-align: justify; "><b>Maps for Making Change Wiki Now Open to the Public </b><br /> Since December 2009, CIS has been coordinating and nurturing the Maps for Making Change project, organised in collaboration with Tactical Tech. During the past four months, participants have been on a challenging yet fertile and inspiring journey that is now slowly coming to an end. Would you like to know more about what has happened in the time that has passed? The Maps for Making Change wiki is a good place to start. <br /> <a href="https://cis-india.org/advocacy/others/maps-for-making-change-wiki-now-open-to-the-public" target="_blank">http://cis-india.org/advocacy/others/maps-for-making-change-wiki-now-open-to-the-public</a></p>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/april-2010-bulletin'>https://cis-india.org/about/newsletters/april-2010-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomIntellectual Property RightsAccessibilityInternet GovernanceCISRAW2012-08-13T04:51:19ZPageWorries voiced over ID project
https://cis-india.org/news/worries-voiced-over-id-project
<b>An article in The Hindu - 17th April</b>
<p>The Government of India's Unique Identification (UID) Project came under flak at a workshop organised jointly by the Citizen Action Forum (CAF), the People's Union of Civil Liberties - Karnataka, the Alternative Law Forum and the Centre for Internet and Society.</p>
<p>At the workshop "UID Project: A Debate on Fundamental Rights", held on Friday, members from civil socities expressed their apprehension over the project. Dissenters said the potential dangers to privacy and other civil liberties need to be discussed also.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/news/worries-voiced-over-id-project'>https://cis-india.org/news/worries-voiced-over-id-project</a>
</p>
No publisherradhaInternet Governance2011-04-02T12:33:50ZNews ItemUID: A Debate on Fundamental rights
https://cis-india.org/news/uid-a-debate-on-fundamental-rights
<b>UID: A debate on the Fundamental Rights - was jointly organized by the Citizen Action Forum, People's Union for Civil Liberties - Karnataka, Alternative Law Forum and the Centre for Internet and Society on April 16th at IAT, Queens Road, Bangalore - An article in the Prajavani news paper - April 17th.</b>
<p></p>
<p><a name="table01"></a></p>
<p>
For more details visit <a href='https://cis-india.org/news/uid-a-debate-on-fundamental-rights'>https://cis-india.org/news/uid-a-debate-on-fundamental-rights</a>
</p>
No publisherradhaInternet Governance2011-04-02T12:33:44ZNews ItemUID is an invasion of privacy: Experts
https://cis-india.org/news/uid-is-an-invasion-of-privacy-experts
<b>The Nandan Nilekani headed Unique Identification Authority of India (UIDAI) came in for much criricism at the first of a series of debates on the issue organised in the city on Friday - Deccan Chronicle, April 17th.</b>
<p><br />Bengaluru, April 16: Legal experts and several ordinary people find the move to give all citizens of the country an identity number an invasion of their privacy. The Nandan Nilekani headed Unique Identification Authority of India (UIDAI) came in for much criricism at the first of a series of debates on the issue organised in the city on Friday.</p>
<p>Participants found the idea of concentrating so much power in one authority frightening. One of the panelists Usha Ramanathan of the Centre for the Study of Developing Societies said that in two or three years people would not be able to travel without carrying their identity numbers on them. "The logic behind this is that if you don't have a number, you don't exist. Our personal information will be fed into the systems of various agencies with a certain set of people handling that data. Allowing so much power in the guise of security is handing too much control to the State," Ms Ramanathan said.</p>
<p>Malavika Jayaram of the Centre for internet and Society, described the UID as “a technological solution to a problem that isn't even technological in nature.”</p>
<p>Gautam John of Pratham Books, however, felt that a mechanism such as the UID could help identify school dropouts and in tracking quality of education.</p>
<p>But most complained about a lack of clarity on the issue</p>
<p><a class="external-link" href="http://www.deccanchronicle.com/bengaluru/uid-invasion-privacy-experts-908">Link to the original article.</a></p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/news/uid-is-an-invasion-of-privacy-experts'>https://cis-india.org/news/uid-is-an-invasion-of-privacy-experts</a>
</p>
No publisherradhaInternet Governance2011-04-02T12:33:19ZNews ItemExperts debate on UID and rights
https://cis-india.org/news/experts-debate-on-uid-and-rights
<b>Bangalore, Apr 16, DHNS:
A debate on ‘UID and Fundamental Rights’ organised by several city-based organisations, discussed the social, ethical issues, economic and legal issues that accompanies the UID. </b>
<p>Noted law researcher Usha Ramanathan said that according to available information, UID would tap into National Population Registry and gather data and biometrics of the whole population. “UID by itself would not result in profiling, but will act as a bridge between silos of information that will help profile the individual,” she noted.</p>
<p>She also said that lack of answers for issues that were raised six months ago were disturbing. “It is not just about privacy, but the power of the state as the UID will be feeding off many registers,” she added.</p>
<p>Speaking on the economics side of it, R Ramkumar from the Tata Institute for Social Sciences, Mumbai, said claims of financial inclusion or elimination of corruption in Public Distribution System and the rural employment guarantee scheme was not enough justification. “Service delivery cannot justify the violation of freedom. It is a misplaced emphasis on benefits of technology,” he remarked.</p>
<p>He criticised the government’s thinking that technology could substitute social transformation, commenting that technology could only aid social development in the presence of conducive circumstances and it would be erroneous to assume a linear relationship between development of technology and development of society.</p>
<p>Col Thomas Mathews of the Citizens Action Forum said that UID could not prevent corruption as technology has to be used by people and new ways would be devised to deprive deserving people of the services.</p>
<p><a class="external-link" href="http://www.deccanherald.com/content/64312/experts-debate-uid-rights.html">Link to the original article</a></p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/news/experts-debate-on-uid-and-rights'>https://cis-india.org/news/experts-debate-on-uid-and-rights</a>
</p>
No publisherradhaInternet Governance2011-04-02T12:32:54ZNews ItemDoes the Safe-Harbor Program Adequately Address Third Parties Online?
https://cis-india.org/internet-governance/blog/does-the-safe-harbor-program-adequately-address-third-parties-online
<b>While many citizens outside of the US and EU benefit from the data privacy provisions the Safe Harbor Program, it remains unclear how successfully the program can govern privacy practices when third-parties continue to gain more rights over personal data. Using Facebook as a site of analysis, I will attempt to shed light on the deficiencies of the framework for addressing the complexity of data flows in the online ecosystem. </b>
<p>To date, the EU-US Safe Harbor Program leads in governing
the complex and multi-directional flows of personal information online. As commerce began to thrive in the online
context, the European Union was faced with the challenge of ensuring that personal
information exchanged through online services were granted
levels of protect on par with provisions set out in EU privacy law. This was important, notably as the piecemeal
and sectoral approach to privacy legislation in the United states was deemed incompatible
with the EU approach. While the Safe
Harbor program did not aim to protect the privacy of citizens outside of the
European Union per say, the program has in practice set minimum standards for
online data privacy due to the international success of American online
services.</p>
<p>While many citizens outside of the US and EU benefit from
the Safe Harbor Program, it remains unclear how successful the program will be in an
online ecosystem where third-parties are being granted increasingly more rights
over the data they receive from first parties.
Using Facebook as a site of analysis, I will attempt to shed light on
the deficiencies of the framework for addressing the complexity of data flows
in the online ecosystem. First, I will argue
that the safe harbor program does not do enough to ensure that participants are
held reasonably responsible third party privacy practices. Second, I will argue that the information
asymmetries created between first party sites, citizens, and governance bodies
vis-à-vis third parties obscures the application of the Safe Harbor Model.</p>
<p><strong>The EU-US
Safe-Harbor Agreement</strong></p>
<p>In 1995, and based on earlier <a href="http://www.oecd.org/document/18/0,3343,en_2649_34255_1815186_1_1_1_1,00.html">OECD
guidelines</a>, the EU Data Directive on the “protection of individuals with
regard to the processing of personal data and the free movement of such data”
was passed<a name="_ednref1" href="#_edn1"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference"></span></span></a> [1]. The original purpose of the EU Privacy
Directive was not only to increase privacy protection within the European
Union, but to also promote trade liberalization and a single integrated market
in the EU. After the Data Directive was
passed, each member state of the EU incorporated the principles of
the directive into national laws accordingly. </p>
<p>While the Directive was successful in harmonizing data
privacy in the European Union, it also embodied extraterritorial
provisions, giving in reach<a name="_ednref2" href="#_edn2"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference"></span></span></a> beyond the EU. Article 25 of the Directive states that the
EU commission may ban data transfers to third countries that do not ensure “an
adequate level of protect’ of data privacy rights<a name="_ednref3" href="#_edn3"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference"></span></span></a> [2]. Also, Article 26 of the Directive, expanding
on Article 25, states that personal data cannot be <em>transferred </em>to a country that “does not ensure an adequate level of
protection” if the data controller does not enter into a contract that adduces
adequate privacy safeguards<a name="_ednref4" href="#_edn4"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference"></span></span></a> [3].
</p>
<p>In light of the increased occurrence of cross-border
information flows, the Data Directive itself was not effective enough to ensure that
privacy principles were enforced outside of the EU. Articles 25 and 26 of the Directive had essentially deemed all cross-border data-flows to the US in contravention of EU privacy law. Therefor, the EU-US Safe-Harbor was established by the
EU Council and the US Department of Commerce as a way of mending the variant
levels of privacy protection set out in these jurisdictions, while also promoting
online commerce. </p>
<p><strong>Social Networking
Sites and the Safe-Harbor Principles</strong></p>
<p>The case of social networking sites exemplifies the ease
with which data is transferred, processed, and stored between jurisdictionas. While many of the top social networking sites
are registered American entities, they continue to attract users not only from
the EU, but also internationally. In agreement
to the EU law, many social networking sites, including LinkedIn, Facebook,
Myspace, and Bebo, now adhere to the principles of the program. The enforcement of the Safe Harbor takes
place in the United States in accordance with U.S. law and relies, to a great
degree, on enforcement by the private sector.
TRUSTe, an independent certification program and dispute mechanism, has become the most popular governance mechanism for the safe harbor program
among social networking sites. </p>
<p>Drawing broadly on the principles embodied within the EU
Data Directive and the OECD Guidelines, the seven principles of the Safe-Harbor
were developed. These principles include
Notice, Choice, Onward Transfer, Access and Accuracy, Security, Data Integrity
and Enforcement. The principle of “Notice”
sets out that organizations must inform individuals about the purposes for
which it collects and uses information about them, how to contact the
organization with any inquiries or complaints, the types of third parties to
which it disclosures the information, and the choices and means the organization
offers individuals for limiting its use and disclosure. </p>
<p>“Choice” ensures that individuals have the opportunity to
choose to opt out whether their personal information is disclosed to a third
party, and to ensure that information is not used for purposes incompatible with the purposes for
which it was originally collected. The
“Onward Transfer” principle ensures that third parties receiving information
subscribes to the Safe Harbor principles, is subject to the Directive, or
enters into a written agreement which requires that the third party provide at
least the same level of privacy protection as is requires by the relevant
principles.</p>
<p>The principles of “Security” and “Data Integrity” seek to
ensure that reasonable precautions are taken to protect the loss or misuse of
data, and that information is not used in a manner which is incompatible with
the purposes for it is has been collected—minimizing the risk that personal
information would be misused or abused.
Individuals are also granted the right, through the access principle, to
view the personal information about them that an organization holds, and to
ensure that it is up-to-date and accurate.
The “Enforcement” principle works to ensure that an effective mechanism
for assuring compliance with the principles, and that there are consequences
for the organization when the principles are not followed.</p>
<p>The principles of the program are rather quite clear and
enforceable in the first party context, despite some prevailing ambiguities. The privacy policies of most social
networking services have become increasingly clear and straightforward since
their inception. Facebook, for example,
has revamped its <a href="http://www.facebook.com/privacy/explanation.php">privacy
regime</a> several times, and gives explicit notice to users how their
information is being used. The privacy
policy also explains the relationship between third parties and your personal information—including
how it may be used by advertisers, search engines, and fellow members. </p>
<p>With respect to third party advertisers, principles of
“choice” are clearly granted by most social networking services. For example, the <a href="http://www.networkadvertising.org/">Network Advertising Initiative</a>, a
self-regulatory initiative of the online advertising industry, clearly lists
its member websites and allows individuals to opt out of any targeted
advertising conducted by its members. In
Facebook’s description of “cookies” in their privacy policy, a direct link to NAI’s
opt out features is given, allowing individuals to make somewhat informed
choices about their participation in such programs. This point is, of course, in light of the
fact that most users do not read or understand the privacy policies provided by
social networking sites<a name="_ednref5" href="#_edn5"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference"></span></span></a> [4].
It is also important to note that Google—a major player in the online
advertising business, does not grant users of Buzz and Orkut the same “opt-out”
options as sites such as Facebook and Bebo.</p>
<p>Under the auspices of the US Federal Trade Commission, the
Safe Harbor Program has also successfully investigated and settled several
privacy-related breaches which have taken place on social networking sites. Of the most famous cases is <a href="http://www.beaconclasssettlement.com/">Lane et al. v. Facebook et al.</a>,
which was a class action suit brought against Facebook’s Beacon Advertising
program. The US Federal Trade Commission
was quick to insight an investigation of the program after many privacy groups
and individuals became critical of its questionable advertising practices. The Beacon program was designed to allow
Facebook users to share information with their friends about actions taken on
affiliated, third party sites. This had included,
for example, the movie rentals a user had made through the Blockbuster website. </p>
<p>The Plaintiffs filed a suit, alleging that Facebook and its
affiliates did not give users adequate notice and choice about Beacon and the
collection and use of users’ personal information. The Beacon program was ultimately found to
be in breach of US law, including the <a href="http://epic.org/privacy/vppa/">Video
Privacy Protection Act</a>, which bans the disclosure of personally identifiable
rental information. Facebook has
announced the settlement of the lawsuit, not bringing individual settlements,
but a marked end to the program and the development of a 9.5 million dollar <a href="http://www.p2pnet.net/story/37119">Facebook Privacy Fund</a> dedicated to
privacy and data-related issues. Other privacy
related investigations of social networking sites launched by the FTC under the
Safe Harbor Program include Facebook’s <a href="http://www.eff.org/deeplinks/2009/12/facebooks-new-privacy-changes-good-bad-and-ugly">privacy
changes</a> in late 2009, and the Google’s recently released <a href="http://www.networkworld.com/news/2010/032910-lawmakers-ask-for-ftc-investigation.html">Buzz
application</a>.</p>
<p>Despite the headway the Safe Harbor is making, many privacy
related questions remain ambiguous with respect to the responsibilities social networking
sites through the program. For example,
Bebo <a href="http://www.bebo.com/Privacy2.jsp">reserves the right</a> to
supplement a social profile with addition information collected from publicly
available information and information from other companies. Bebo’s does adhere to the “notice principle”—as
it makes know to users how their information will be used through their privacy
policy. However, it remains unclear if appropriate disclosures are given by Bebo
as required by Safe Harbor Framework, notably as the sources of “publicly
available information” as a concept remains broad and obscured in the privacy policy. It is also unclear whether or not Bebo users
are able to, under the “Choice” principle, refuse to having their profiles from
being supplemented by other information sources. Also, under the “access
principle”, do individuals have the right to review all information held about them as “Bebo
users”? The right to review information
held by a social networking site is an important one that should be upheld. This is most notable as supplementary information
from outside social networking services is employed to profile individual users in ways which may
work to categorize individuals in undesirable ways.</p>
<p><strong>The Third Party Problem</strong></p>
<p>Cooperation between social networking sites and the Safe
Harbor has improved, and most of these sites now have privacy policies which
explicitly address the principles of the Program. It should also be noted that public interest
groups, such as Epic, the Center for Digital Democracy, and The Electronic
Frontier Foundation, have played a key role in ensuring that data privacy
breaches are brought to the attention of the FTC under the program. While the program has somewhat adequately
addressed the privacy practices of first party participants, the number of
third parties on social networking sites calls into question the
comprehensiveness and effectiveness of the Safe Harbor program. Facebook itself as a first party site may adhere
to the Safe Harbor Program. However, its
growing number third party platform members may not always adhere to best practices
in the field, nor can Facebook or the Safe Harbor Program guarantee that they
do so.</p>
<p>The Safe Harbor Program does require that all participants
take certain security measures when transferring data to a third party. Third parties must either subscribe to the
safe harbor principles, or be subject to the EU Data Directive. Alternatively, an organization can may also
enter into a written agreement with a third party requiring that they provide
at least the same level of privacy protection as is required by program
principles. Therefore, third parties of
participating program sites are, de facto, bound by the safe harbor principles by
the way of entering into agreement with a first party participant of the
program. This is the approach taken by
most social networking sites and their third parties.</p>
<p>It is important to note, however, that third parties are not
governed directly by the regulatory bodies, such as the FTC. The safe harbor website also <a href="http://www.export.gov/safeharbor/eu/eg_main_018476.asp">explicitly notes</a>
that the program does not apply to third parties. Therefore, as per these provisions, Facebook must
adhere to the principles of the program, while its third party platform members
(such as social gaming companies), only must do so indirectly as per a separate
contract with Facebook. The
effectiveness of this indirect mode of governing of third party privacy
practices is questionable for numerous reasons.</p>
<p>Firstly, while Facebook does take steps to ensure that
third parties use information from Facebook in a manner which is consistent to
the safe harbor principles, the company explicitly <a href="http://www.facebook.com/policy.php">waives any guarantee</a> that third
parties will “follow their rules”. Prior to allowing third parties to access any
information about users, Facebook requires third parties to <a href="http://www.facebook.com/terms.php">agree to terms</a> that limit their
use of information, and also use technical measures to ensure that they only
obtain authorized information. Facebook
also warns users to “always review the policies of third party applications and
websites to make sure you are comfortable with the ways in which they use
information”. Not only are users
required to read the privacy policies of every third party application, but are
also expected to report applications which may be in violation of privacy
principles. In this sense, Facebook not
only waives responsibility for third party privacy breaches, but also places further
regulatory onus upon the user.</p>
<p>As the program guidelines express, the safe harbor relies to
a great degree on enforcement by the private sector. However, it is likely that a self-regulatory
framework may lead the industry into a state of regulatory malaise. Under the safe harbor program, Facebook must
ensure that the privacy practices of third parties are adequate. However, at the same time, the company may
simultaneously waiver their responsibility for third party compliance with safe
harbor principles. Therefore, it remains
questionable as to where responsibility for third parties exactly lies. When third parties are not directly
answerable to the governing bodies of safe harbor program, and when first parties
can to waive responsibility for their practices, from where does the incentive to
effectively regulate third parties to come from? </p>
<p>While Facbeook may in fact take reasonable legal and technical
measures to ensure third party compliance, the room for potential dissonance
between speech and deed is worrisome. Facebook is required to ensure that third
parties provide “<a href="http://www.export.gov/safeharbor/eu/eg_main_018476.asp">at least the same
level of privacy protection</a>” as they do.
However, in practice, this has yet to become the case. A quick survey of twelve of the most popular
Platform Applications in the gaming category showed<a name="_ednref6" href="#_edn6"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference"></span></span></a>
that third parties are not granting their users the “same level of privacy
protection”[5]. For example, section 9.2.3
of Facebooks “<a href="http://www.facebook.com/terms.php">Rights and
Responsibilities</a>” for Developers/Operators of applications/sites states
that they must “have a privacy policy or otherwise make it clear to users what
user data you are going to use and how you will use, display, or share that
data”. </p>
<p>However, out of the 12 gaming applications surveyed, four
companies failed to make privacy policies available to users <em>before</em> they granted the application
access to the personal information, including that of their friends<a name="_ednref7" href="#_edn7"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference"></span></span></a> [6]. After searching for the privacy policies on
the websites of each of the four social gaming companies, two completely failed
to post privacy policies on their central websites. This practice is in direct breach of the
contract made between these companies and Facebook, as mentioned above. In addition to many applications failing to clearly
post privacy policies, many of provisions set out in these policies were
questionable vis-à-vis safe harbor principles. </p>
<p>For example Zynga, makes of popular games Mafia Wars and
Farmville, reserve the right to “maintain copies of your content
indefinitely”. This practice remains contrary
to Safe Harbor principles which states that information should not be kept for
longer than required to run a service.
Electronic Arts also maintains similar provisions for data retention in
its privacy policy. Such practices are
rather worrisome also in light of the fact that both companies also reserve the
right to collect information on users from other sources to supplement profiles
held. This includes (but is not limited
to) newspapers and Internet sources such as blogs, instant messaging services, and
other games. It is also notable to
mention that only one of the twelve social gaming companies surveyed directly
participates in the safe harbor program. </p>
<p>In addition to the difficulties of ensuring that safe harbor
principles are adhered to by third parties, the information asymmetries which
exist between first party sites, citizens, and governance bodies vis-à-vis
third parties complicate this model. Foremost,
it is clear that Facebook, despite its resources, cannot keep tabs on the
practices of all of their applications.
This puts into question if industry self-regulation can really guarantee
that privacy is respected by third parties in this context. Furthermore, the lack of knowledge or
understanding held by citizens about how third parties user their information
is particularly problematic when a system relies so heavily on users to report
suspected privacy breaches. The same is
likely to be true for governments, too. As
one legal scholar, promoting a more laisse-fair approach to third party
regulation, notes—multiple and invisible third party relationships presents
challenges to traditional forms of legal regulation<a name="_ednref8" href="#_edn8"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference"></span></span></a> [7]. </p>
<p>In an “open “social ecosystem, the sheer volume of data
flows between users of social networking sites and third party players appears
to have become increasingly difficult to effectively regulate. While the safe harbor program has been
successful in establishing best practices and minimum standards for data
privacy, it is also clear that governance bodies, and public interest groups,
have focused most attention on large industry players such as Facebook. This has left smaller third party players on
social networking sites in the shadows of any substantive regulatory concern. If
one this has become clear, it is the fact that governments may no longer be
able to effectively govern the flows of data in the burgeoning context of “open
data”. </p>
<p>As I have demonstrated, it remains questionable whether or
not Facebook can regulate third parties data collection practices
effectively. Imposing more stringent
responsibilities on safe harbor participants could be a positive step. It is reasonable to assume that it would be
undue to impose liability on social networking sites for the data breaches of
third parties. However, it is not
unreasonable to require sites like Facebook go beyond setting “minimum
standards” for data privacy, towards taking a more active enforcement, if even
through TRUSTe or another regulatory body.
If the safe harbor is to be effective, it cannot allow program participants
to simply wave the liability for third party privacy practices. The indemnity granted to third parties on social
networking sites may deem the safe harbor program more effective in sustaining
the non-liability of third parties, rather than protecting the data privacy of
citizens.</p>
<div></div>
<div>
<hr align="left" size="1" width="33%" />
</div>
<p class="discreet"><a name="_edn1" href="#_ednref1"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference"></span></span></a>[1] Official Directive 95/46/EC</p>
<p class="discreet"><a name="_edn2" href="#_ednref2"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference"></span></span></a></p>
<p class="discreet"><a name="_edn3" href="#_ednref3"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference"></span></span></a>[2] 95/46/EC</p>
<p class="discreet">[3] Ibid</p>
<p class="discreet"><a name="_edn4" href="#_ednref4"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference"></span></span></a><a name="_edn5" href="#_ednref5"><span class="MsoEndnoteReference"></span></a>[4] See Acquisit,
A. a. (n.d.). Imagined Communities: Awareness, Information Sharing, and Privacy
on Facebook. <em>PET 2006</em></p>
<p class="discreet"><a name="_edn6" href="#_ednref6"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference"></span></span></a>[5] Of the Privacy Policy browsed include, Zynga, Rock
You!, Crowdstar, Mind Jolt, Electronic Arts, Pop Cap Games, Slash Key, Playdom,
Meteor Games, Broken Bulb Studios, Wooga, and American Global Network.</p>
<p class="discreet"><a name="_edn7" href="#_ednref7"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference"></span></span></a>[6] By adding an application, users are also sharing with
third parties the information of their friends if they do not specifically opt out of this practice.</p>
<p class="discreet">[7]See<strong>
</strong> Milina, S. (2003).
Let the Market Do its Job: Advocating an Integrated Laissez-Faire Approach to
Online Profiling. <em>Cardozo Arts and Entertainment Law Journal</em> .</p>
<pre></pre>
<div>
<p> </p>
<p> </p>
</div>
<h2> </h2>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/does-the-safe-harbor-program-adequately-address-third-parties-online'>https://cis-india.org/internet-governance/blog/does-the-safe-harbor-program-adequately-address-third-parties-online</a>
</p>
No publisherrebeccaPrivacyInternet GovernanceFacebookData ProtectionSocial Networking2011-08-02T07:19:34ZBlog EntryUnique Identity (UID) Project: A Debate on Fundamental Rights
https://cis-india.org/events/unique-identity-project
<b>A half day workshop on unique identity number and fundamental rights is being held on Friday, 16 April, 2010 at the Institute of Agricultural Technologists in Bangalore. The event is being co-organised by Citizen Action Forum, People's Union for Civil Liberties - Karnataka, Slum Janandolana – Karnataka, Alternative Law Forum and the Centre for Internet and Society.</b>
<p>In the past eight to ten months, there has been much talk about the introduction of the <strong>Unique Identification</strong> for all Indian residents, i.e., the UID. The scheme proceeds from the standpoint that solving the problem of identity will result in the fixing of many other social and economic problems. However, seen against the backdrop of work on a National Population Registry, the National Intelligence Grid and other schemes that focus on the collection of data on individuals, the potential dangers to privacy and other civil liberties need to be discussed along with the stated benefits of the UID project. Given that the key laws relating to the project are not yet enacted, this is a timely exercise and an opportunity to influence change.</p>
<p>While the project has been hailed as a 'gamechanger' and a welfare measure, many have expressed growing concerns about the UID and its implications for ordinary citizens. Many questions are being asked about the nature, status and aims of the scheme and its implementing authority. Countries such as the UK, Australia and the USA have found similar measures unworkable with serious probability of abuse. The cost of the UID scheme is estimated at several thousand crores of rupees. Given the risks that plague identity schemes generally, we felt the need to engage the larger public in an open debate about the UID and its proposed scope, implementation, benefits and risks. The UID would affect every citizen. How it would affect each individual is something everyone should consider before deciding how to engage with the government on this issue. With the viewpoint of different panelists, we hope to provide as much information as is available now to you and take the debate forward to make the spectrum of issues transparent. The organizers listed below would like to provide a platform to kickstart a healthy, open discussion about the potential benefits and pitfalls of the scheme. This event has been jointly organized by the Citizen Action Forum, People's Union for Civil Liberties-Karnataka, the Alternative Law Forum, and the Centre for Internet and Society.</p>
<p></p>
<div>
<div align="center"> </div>
</div>
<h1 align="left" style="text-align: center;">Agenda</h1>
<p><span class="SubtitleChar"></span><a name="table01"></a></p>
<table class="MsoNormalTable">
<tbody>
<tr>
<td colspan="2">
<div>
<div align="left"> </div>
<h1 align="left" style="text-align: center;">Social/Ethical Panel- 2:30-3:30 pm</h1>
</div>
</td>
</tr>
<tr>
<td>
<p><strong>Lead Presentation</strong></p>
</td>
<td>
<p class="Li">Usha Ramanathan, Centre for the Study of
Developing Societies</p>
</td>
</tr>
<tr>
<td>
<p><strong>Panelist 1</strong></p>
</td>
<td>
<p>Ashok Kamat, Pratham Books</p>
</td>
</tr>
<tr>
<td>
<p><strong>Panelist 2</strong></p>
</td>
<td>
<p>Dr. Dominic, Bangalore University</p>
</td>
</tr>
<tr>
<td>
<p><strong>Moderator</strong></p>
</td>
<td>
<p>Prof. Trilochan Sastry, IIM-B</p>
</td>
</tr>
<tr>
<td colspan="2">
<div>
<h1 align="center" style="text-align: center;">Economics
Panel- 3:30-4:30 pm</h1>
</div>
</td>
</tr>
<tr>
<td>
<p><strong>Lead Presentation</strong></p>
</td>
<td>
<p>R. Ramakumar, Tata Institute of Social Sciences</p>
</td>
</tr>
<tr>
<td>
<p><strong>Panelist 1</strong></p>
</td>
<td>
<p>Mathew Thomas, Citizens Action Forum</p>
</td>
</tr>
<tr>
<td>
<p><strong>Panelist 2</strong></p>
</td>
<td>
<p>Nandana
Reddy , Concerned for Working Children[*]</p>
</td>
</tr>
<tr>
<td>
<p><strong>Moderator</strong></p>
</td>
<td>
<p>Rajeev Gowda, IIM-B</p>
</td>
</tr>
<tr>
<td colspan="2">
<div>
<h1 align="center" style="text-align: center;">Legal Panel- 4:30-5:30 pm</h1>
</div>
</td>
</tr>
<tr>
<td>
<p><strong>Lead Presentation</strong></p>
</td>
<td>
<p class="Li">B K Chandrashekar, former Minister of Information, INC</p>
</td>
</tr>
<tr>
<td>
<p><strong>Panelist 1</strong></p>
</td>
<td>
<p>AN Jayaram, Former Additional Solicitor General of India and
Advocate General</p>
</td>
</tr>
<tr>
<td>
<p class="Li"><strong>Panelist 2</strong><strong></strong></p>
</td>
<td>
<p class="Li">Malavika Jayaram, Centre
for Internet & Society</p>
</td>
</tr>
<tr>
<td>
<p><strong>Panelist 3</strong></p>
</td>
<td>
<p>AR Nizamuddin, Former Director General of Police</p>
</td>
</tr>
<tr>
<td colspan="2">
<div>
<h1 align="center" style="text-align: center;">5:30-6:00 pm-
Wrap-up moderated by Vinay Sreenivasa and close with tea, coffee and snacks</h1>
</div>
</td>
</tr>
</tbody>
</table>
<p>[*] = To
be confirmed <em></em></p>
<p class="MsoNoSpacing"><em><strong>Please contact/RSVP at </strong></em></p>
<p class="MsoNoSpacing"> </p>
<p class="MsoNoSpacing">Ajoy Kumar /
Radha Rao</p>
<p class="MsoNoSpacing">Centre for
Internet and Society</p>
<p class="MsoNoSpacing">No.194, 2nd 'C'
Cross,</p>
<p class="MsoNoSpacing">Domlur 2nd
Stage,</p>
<p class="MsoNoSpacing">Bangalore 560071</p>
<p class="MsoNoSpacing">P: +91 80 25350955</p>
<p class="MsoNoSpacing">W: <a href="http://www.cis-india.org/">www.cis-india.org</a></p>
<p class="MsoNoSpacing">E: <a href="mailto:ajoy@cis-india.org">ajoy@cis-india.org</a>,
<a href="mailto:radha@cis-india.org">radha@cis-india.org</a></p>
<p class="MsoNoSpacing">M:
+919845492122</p>
Videos
<p> </p>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgdfgRgA"></embed>
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<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgdflbwA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgdfmQAA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgdfmVwA"></embed>
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<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgdiuLAA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgdiwMgA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgdiwYwA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgdixKQA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgdiyHwA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgduFRAA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgduGCAA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgduGWQA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgduHYAA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgduJLAA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgduNfQA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgdz7ZQA"></embed><embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgdz8NwA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgdz8fQA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgdz%2BcwA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgd2AHQA"></embed>
<embed height="250" width="250" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://blip.tv/play/g_dIgd2DUAA"></embed>
<p>
For more details visit <a href='https://cis-india.org/events/unique-identity-project'>https://cis-india.org/events/unique-identity-project</a>
</p>
No publisherpraskrishnaInternet Governance2011-04-05T04:08:17ZEventExpel or not? That is the question
https://cis-india.org/news/expel-or-not
<b>The decision of an international school to expel 14 students for their alleged ‘promiscuous’ behaviour has led to much debate and discussion. </b>
<p>The International School Bangalore (TISB) said the students were caught in ‘compromising positions’ on several occasions. They did not heed the school’s repeated warnings to desist from such behaviour, school authorities said.<br /><br />The authorities said they had enough ‘evidence’, collected from social networking sites, to support their claim. The students would not be allowed on the campus anymore. They would, however, be allowed to take the exam in May, the authorities said.<br /><br />The students have denied the charges. Many boarding institutions said that policing students was not the right approach.<br /><br />Some of the widely used measures to keep a check on students include monitoring social networking sites, banning laptops on campuses, not allowing students to lock room doors, having security guards patrol campuses and insisting on house masters accompanying students to any part of the campus or hostel after school hours.<br /><br />“There is no point in expelling students for such an activity,” M Srinivasan, principal, GEAR School, said. “If the students had been indulging in such activities often, what were the school authorities doing till now? There is no point making rules if you cannot enforce them. Clearly, there was a lacuna in the system,” he said.<br /><br />Many schools said they keep a tab on the online activities of students. “The IT department at the school tracks the Facebook accounts of students,” Bishwajeet Bhattacharya, public relations officer, Trio World School, said. “Trio also has a presence on Facebook. The administration has appointed officials to monitor what is being posted online regarding Trio,” he said. The officials also look for objectionable materials.<br /><br />Authorities, however, admitted that it was difficult to check all the online activities. “It is impossible to monitor all the social networking sites. You can use evidence from online sites, but why go to that extreme? The children are on your campus, their behaviour on campus is what you should be concerned about,” Srinivasan said.<br /><br />“At the hostel, dorm wardens conduct room checks every hour,” Chenraj Jain, chairman, Jain Group of Institutions, said. “We don’t police the students. Instead, we adopt a more holistic approach,” he said.</p>
<h3>The grey area</h3>
<p><strong>The International</strong> School Bangalore (TISB) said it had expelled the 14 students after collecting “enough evidence”<br />from social networking sites about their inappropriate behaviour. The question is: does online content have<br />legal validity?</p>
<blockquote>
<p>Experts believe it falls in the grey area. “India does not have any specific law that restricts users from joining social networking sites just because they are below a certain age,” Sunil Abraham, executive director of the Centre for Internet and Society, Bangalore, said. “Many other countries have such laws,” he said.</p>
<p>“If the pictures said to be posted by the students were legal (devoid of vulgarity) and were just posted on a personal profile and not on a college group, then the school was not right in expelling them,” he said. “Students are entitled to privacy and schools shouldn’t be intruding into their privacy. If the school had used snooping software to monitor the students’ online activities, then that is also wrong,” he said. “It’s a different story if one of their classmates had forwarded the pictures to the teacher,” he added.</p>
</blockquote>
<p>For link to the <a class="external-link" href="http://www.dnaindia.com/bangalore/report_expel-or-not-that-is-the-question_1366490">original story</a></p>
<p>
For more details visit <a href='https://cis-india.org/news/expel-or-not'>https://cis-india.org/news/expel-or-not</a>
</p>
No publisherpraskrishnaInternet Governance2011-04-02T12:48:28ZNews Item