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FOEX Live: May 26-27, 2014
http://editors.cis-india.org/internet-governance/blog/foex-live-may-26-27-2014
<b>A selection of news from across India implicating online freedom of expression and use of digital technology</b>
<p>Media reports across India are focusing on the new government and its Cabinet portfolios. In the midst of the celebration of and grief over the regime change, we found many reports indicating that civil society is wary of the new government’s stance towards Internet freedoms.<span> </span></p>
<p><i><span style="text-decoration: underline;">Andhra Pradesh</span></i>:</p>
<p>Andhra MLA and All India Majlis-e-Ittihad ul-Muslimin member Akbaruddin Owaisi <a href="http://www.asianage.com/mumbai/court-summons-owaisi-312">has been summoned to appear</a> before a Kurla magistrate’s court on grounds of alleged hate speech and intention to harm harmony of Hinduism and Islam. Complainant Gulam Hussain Khan saw an online video of a December 2012 speech by Owaisi and filed a private complaint with the court. “<i>I am prima facie satisfied that it disclosed an offence punishable under Section(s) 153A and 295A of the Indian Penal Code</i>,” the Metropolitan Magistrate said.</p>
<p><i><span style="text-decoration: underline;">Goa</span></i>:</p>
<p>A Goa Sessions Judge <a href="http://timesofindia.indiatimes.com/city/goa/Comments-of-Devu-Chodankar-prima-facie-offensive-Judge/articleshow/35612485.cms">has dismissed</a> shipbuilding diploma engineer Devu Chodankar’s application for anticipatory bail. On the basis of an April 26 complaint by CII state president Atul Pai Kane, Goa cybercrime cell registered a case against Chodankar for allegedly posting matter on a Facebook group with the intention of promoting enmity between religious groups in view of the 2014 general elections. The Judge noted, <i>inter alia</i>, that Sections 153A and 295A of the Indian Penal Code were attracted, and that it is necessary to find out whether, on the Internet, “<i>there is any other material which could be considered as offensive or could create hatred among different classes of citizens of India</i>”.</p>
<p><i><span style="text-decoration: underline;">Karnataka</span></i>:</p>
<p>Syed Waqas, an MBA student from Bhatkal pursuing an internship in Bangalore, was <a href="http://www.thehindu.com/news/national/karnataka/student-from-bhatkal-held-for-antimodi-mms/article6047440.ece">picked up for questioning</a> along with four of his friends after Belgaum social activist Jayant Tinaikar filed a complaint. The cause of the complaint was a MMS, allegedly derogatory to Prime Minister Narendra Modi. After interrogation, the Khanapur (Belgaum) police let Waqas off on the ground that Waqas was <a href="http://www.thehindu.com/news/national/karnataka/waqas-let-off-after-questioning/article6052077.ece">not the originator</a> of the MMS, and that Mr. Tinaikar had <a href="http://www.thehindu.com/news/national/karnataka/mms-case-complainant-gave-incorrect-number/article6052079.ece">provided an incorrect mobile phone number</a>.</p>
<p>In another part of the country, <a href="https://twitter.com/digvijaya_28/status/470755694488977408">Digvijaya Singh is vocal</a> about Indian police’s zealous policing of anti-Modi comments, while they were <a href="http://www.sahilonline.org/english/newsDetails.php?cid=3&nid=24840">all but visible</a> when former Prime Minister Dr. Manmohan Singh was the target of abusive remarks.</p>
<p><i><span style="text-decoration: underline;">Kerala</span></i>:</p>
<p>The Anti-Piracy Cell of Kerala Police <a href="http://www.thehindu.com/news/national/kerala/crackdown-on-sale-of-smut/article6049136.ece">plans to target</a> those uploading pornographic content on to the Internet and its sale through memory cards. A circular to this effect has been issued to all police stations in the state, and civil society cooperation is requested.<span> </span></p>
<p>In other news, Ernakulam MLA Hibi Eden <a href="http://www.thehindu.com/news/cities/Kochi/your-mla-is-just-a-phone-call-away/article6039644.ece">inaugurated “Hibi on Call”</a>, a public outreach programme that allows constituents to reach the MLA directly. A call on 1860 425 1199 registers complaints.</p>
<p><i><span style="text-decoration: underline;">Maharashtra</span></i><span>:</span></p>
<p>Mumbai police are investigating <a href="http://www.thehindu.com/news/cities/mumbai/mumbai-police-seeks-explanation-on-drone-pizza-delivery/article6043644.ece">pizza delivery by an unmanned drone</a>, which they consider a security threat.</p>
<p><i><span style="text-decoration: underline;">Tamil Nadu</span></i><span>:</span></p>
<p>Small and home-run businesses in Chennai <a href="http://www.thehindu.com/news/cities/chennai/with-technology-small-businesses-have-big-reach/article6050497.ece?homepage=true">are flourishing</a> with the help of Whatsapp and Facebook: Mohammed Gani helps his customers match bangles with Whatsapp images, Ayeesha Riaz and Bhargavii Mani send cakes and portraits to Facebook-initiated customers. Even doctors <a href="http://www.thehindu.com/news/cities/chennai/doctors-on-call-in-social-media-platforms-too/article5951628.ece">spread</a> information and awareness using Facebook. In Madurai, you can <a href="http://www.thehindu.com/news/cities/Madurai/groceries-just-a-click-away/article6052163.ece">buy groceries</a> online, too.</p>
<p><i><span style="text-decoration: underline;">Opinion</span></i>:</p>
<p>Chethan Kumar fears that Indian cyberspace <a href="http://timesofindia.indiatimes.com/city/bangalore/Online-free-speech-hangs-by-a-thread/articleshow/35624481.cms">is strangling freedom of expression</a> through the continued use of the ‘infamous’ <a href="http://editors.cis-india.org/internet-governance/resources/section-66A-information-technology-act">Section 66A</a> of the Information Technology Act, 2000 (as amended in 2008). Sunil Garodia <a href="http://www.theindianrepublic.com/tbp/obnoxious-sec-66a-it-act-must-go-100037442.html">expresses similar concerns</a>, noting a number of arrests made under Section 66A.</p>
<p>However, Ankan Bose has a different take; <a href="http://indiaspeaksnow.com/freedom-speech-cant-interpreted-freedom-threaten/">he believes</a> there is a thin but clear line between freedom of expression and a ‘freedom to threaten’, and believes Devu Chodankar and Syed Waqar may have crossed that line. For more on Section 66A, please redirect <a href="http://editors.cis-india.org/internet-governance/blog/breaking-down-section-66-a-of-the-it-act">here</a>.</p>
<p>While Nikhil Pahwa <a href="http://www.medianama.com/2014/05/223-ravi-shankar-prasad-telecom/">is cautious of the new government’s stance</a> towards Internet freedoms, given the (as yet) mixed signals of its ministers, Shaili Chopra <a href="http://www.dnaindia.com/analysis/standpoint-from-namo-to-pmo-narendra-modi-and-the-political-power-of-social-media-1991493">ruminates</a> on the new government’s potential dive into a “digital mutiny and communications revolution” and wonders about Modi’s social media management strategy. For <i>Kashmir Times</i> reader Hardev Singh, even Kejriwal’s arrest for allegedly defaming Nitin Gadkari <a href="http://www.kashmirtimes.com/newsdet.aspx?q=32715">will lead to a chilling effect</a> on freedom of expression.</p>
<p>Elsewhere, the <i><a href="http://www.hindustantimes.com/india-news/allaboutnarendramodi/narendra-modi-takes-oath-as-pm-what-ht-readers-want-from-new-prime-minister/article1-1223119.aspx">Hindustan Times is intent</a></i> on letting Prime Minister Narendra Modi know that his citizens demand their freedom of speech and expression. Civil society and media all over India <a href="http://exitopinionpollsindia.blogspot.in/2014/05/as-freedom-of-expression-in-india-is.html">express their concerns</a> for their freedom of expression in light of the new government.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/foex-live-may-26-27-2014'>http://editors.cis-india.org/internet-governance/blog/foex-live-may-26-27-2014</a>
</p>
No publishergeethaIPCSocial MediaFreedom of Speech and ExpressionFOEX LiveIT ActTransparency, Politics2014-05-27T12:42:51ZBlog EntryElectoral Databases – Privacy and Security Concerns
http://editors.cis-india.org/internet-governance/blog/electoral-databases-2013-privacy-and-security-concerns
<b>In this blogpost, Snehashish Ghosh analyzes privacy and security concerns which have surfaced with the digitization, centralization and standardization of the electoral database and argues that even though the law provides the scope for protection of electoral databases, the State has not taken any steps to ensure its safety.</b>
<p></p>
<p> </p>
<p style="text-align: justify; ">The recent move by the Election Commission of India (ECI) to tie-up with Google for providing electoral look-up services for citizens and electoral information services has faced heavy criticism on the grounds of data security and privacy.<a href="#_edn1" name="_ednref1"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[i]</span></span></a> After due consideration, the ECI has decided to drop the plan.<a href="#_edn2" name="_ednref2"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[ii]</span></span></a></p>
<p style="text-align: justify; ">The plan to partner with Google has led to much apprehension regarding Google gaining access to the database of 790 million voters including, personal information such as age, place of birth and residence. It could have also gained access to cell phone numbers and email addresses had the voter chosen to enroll via the online portal on the ECI website. Although, the plan has been cancelled, it does not necessarily mean that the largest database of citizens of India is safe from any kind of security breach or abuse. In fact, the personal information of each voter in a constituency can be accessed by anyone through the ECI website and the publication of electoral rolls is mandated by the law.</p>
<p style="text-align: justify; "><b>Publication of Electoral Rolls</b><br />The electoral roll essentially contains the name of the voter, name of the relationship (son of/wife of, etc.), age, sex, address and the photo identity card number. The main objective of creation and maintenance of electoral rolls and the issue of Electoral Photo Identity Card (EPIC) was to ensure a free and fair election where the voter would have been able to cast his own vote as per his own choice. In other words, the main purpose of the exercise was to curtail bogus voting. This is achieved by cross referencing the EPIC with the electoral roll.</p>
<p style="text-align: justify; ">The process of creation and maintenance of electoral rolls is governed by the Registration of Electors Rules, 1960. Rule 22 requires the registration officer to publish the roll with list of amendments at his office for inspection and public information. Furthermore, ECI may direct the registration officer to send two copies of the electoral roll to every political party for which a symbol has exclusively been reserved by the ECI. It can be safely concluded that the electoral roll of a constituency is a public document<a href="#_edn3" name="_ednref3"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[iii]</span></span></a> given that the roll is published and can be circulated on the direction of the ECI.</p>
<p style="text-align: justify; ">With the computational turn, in 1998 the ECI took the decision to digitize the electoral databases. Furthermore, printed electoral rolls and compact discs containing the rolls are available for sale to general public.<a href="#_edn4" name="_ednref4"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[iv]</span></span></a> In addition to that, the electoral rolls for the entire country are available on the ECI website.<a href="#_edn5" name="_ednref5"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[v]</span></span></a> However, the current database is not uniform and standardized, and entries in some constituencies are available only in the local language. The ECI has taken steps to make the database uniform, standardized and centralized.<a href="#_edn6" name="_ednref6"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[vi]</span></span></a></p>
<p style="text-align: justify; "><b>Security Concerns</b><br />The Registration of Electoral Rules, 1960 is an archaic piece of delegated legislation which is still in force and casts a statutory duty on the ECI to publish the electoral rolls. The publication of electoral rolls is not a threat to security when it is distributed in hard copies and the availability of electoral rolls is limited. The security risks emerge only after the digitization of electoral database, which allows for uniformity, standardization and centralization of the database which in turn makes it vulnerable and subject to abuse. The law has failed to evolve with the change in technology.</p>
<p style="text-align: justify; ">In a recent article, Bill Davidow analyzes "the dark side of Moore’s Law" and argues that with the growth processing power there has been a growth in surveillance capabilities and on this note the article is titled, “<i>With Great Computing Power Comes Great Surveillance”</i><a href="#_edn7" name="_ednref7"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[vii]</span></span></a> Drawing from Davidow’s argument, with the exponential growth in computing power, search has become convenient, faster and cheap. A uniform, standardized and centralized database bearing the personal information of 790 million voters can be searched and categorized in accordance with the search terms. The personal information of the voters can be used for good, but it can be equally abused if it falls into the wrong hands. Big data analysis or the computing power makes it easier to target voters, as bits and pieces of personal information give a bigger picture of an individual, a community, etc. This can be considered intrusive on individual’s privacy since the personal information of every voter is made available in the public domain</p>
<p style="text-align: justify; ">For example, the availability of a centralized, searchable database of voters along with their age would allow the appropriate authorities to identify wards or constituencies, which has a high population of voters above the age of 65. This would help the authority to set up polling booths at closer location with special amenities. However, the same database can be used to search for density of members of a particular community in a ward or constituency based on the name, age, sex of the voters. This information can be used to disrupt elections, target vulnerable communities during an election and rig elections.</p>
<p style="text-align: justify; "><b>Current IT Laws does not mandate the protection of the electoral database</b><br />A centralized electoral database of the entire country can be considered as a critical information infrastructure (CII) given the impact it may have on the election which is the cornerstone of any democracy. Under Section 70 of the Information Technology Act, 2000 (IT Act) CII means “the computer resource, incapacitation or destruction of which, shall have debilitating impact on national security, economy.”<a href="#_edn8" name="_ednref8"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[viii]</span></span></a> However, the appropriate Government has not notified the electoral database as a protected system<a href="#_edn9" name="_ednref9"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[ix]</span></span></a>. Therefore, information security practices and procedures for a protected system are not applicable to the electoral database.</p>
<p style="text-align: justify; ">The Information Technology Rules (IT Rules) are also not applicable to electoral databases, <i>per se</i>. Since, ECI is not a body corporate, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information), Rules, 2011 (<i>hereinafter </i>Reasonable Security Practices Rules) do not apply to electoral databases. Ignoring that Reasonable Security Practices Rules only apply to a body corporate, the electoral database does fall within the ambit of definition of “personal information”<a href="#_edn10" name="_ednref10"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[x]</span></span></a> and should arguably be made subject to the Rules.</p>
<p style="text-align: justify; ">The intent of the ECI for hosting the entire country’s electoral database online <i>inter alia</i> is to provide electronic service delivery to the citizens. It seeks to provide “electoral look up services for citizens ... for better electoral information services.”<a href="#_edn11" name="_ednref11"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[xi]</span></span></a> However, the Information Technology (Electronic Service Delivery) Rules, 2011 are not applicable to the electoral database given that it is not notified by the appropriate Government as a service to be delivered electronically. Hence, the encryption and security standards for electronic service delivery are not applicable to electoral rolls.</p>
<p style="text-align: justify; ">The IT Act and the IT Rules provide a reasonable scope for the appropriate Government to include electoral databases within the ambit of protected system and electronic service delivery. However, the appropriate government has not taken any steps to notify electoral database as protected system or a mode of electronic service delivery under the existing laws.</p>
<p style="text-align: justify; "><b>Conclusion</b><br />Publication of electoral rolls is a necessary part of an election process. It ensures free and fair election and promotes transparency and accountability. But unfettered access to electronic electoral databases may have an adverse effect and would endanger the very goal it seeks to achieve because the electronic database may pose threat to privacy of the voters and also lead to security breach. It may be argued that the ECI is mandated by the law to publish the electoral database and hence, it is beyond the operation of the IT Act. But Section 81 of the IT Act has an overriding effect on any law inconsistent, therewith. The appropriate Government should take necessary steps under the IT Act and notify electoral databases as a protected system.</p>
<p style="text-align: justify; ">It is recommended that the Electors Registration Rules, 1960 should be amended, taking into account the advancement in technology. Therefore, the Rules should aim at restricting the unfettered electronic access to the electoral database and also introduce purposive limitation on the use of the electoral database. It should also be noted that more adequate and robust data protection and privacy laws should be put in place, which would regulate the collection, use, storage and processing of databases which are critical to national security.</p>
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<div id="edn1">
<p class="MsoEndnoteText" style="text-align: justify; "><a href="#_ednref1" name="_edn1"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[i]</span></span></a> Pratap Vikram Singh, Post-uproar, EC’s Google tie-up plan may go for a toss, Governance Now, January 7, 2014 available at <a class="external-link" href="http://www.governancenow.com/news/regular-story/post-uproar-ecs-google-tie-plan-may-go-toss">http://www.governancenow.com/news/regular-story/post-uproar-ecs-google-tie-plan-may-go-toss</a></p>
</div>
<div id="edn2">
<p class="MsoEndnoteText" style="text-align: justify; "><a href="#_ednref2" name="_edn2"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[ii]</span></span></a> Press Note No.ECI/PN/1/2014, Election Commission of India , January 9, 2014 available at <a class="external-link" href="http://eci.nic.in/eci_main1/current/PN09012014.pdf">http://eci.nic.in/eci_main1/current/PN09012014.pdf</a></p>
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<p class="MsoEndnoteText" style="text-align: justify; "><a href="#_ednref3" name="_edn3"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[iii]</span></span></a> Section 74, Indian Evidence Act, 1872</p>
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<div id="edn4">
<p class="MsoEndnoteText" style="text-align: justify; "><a href="#_ednref4" name="_edn4"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[iv]</span></span></a> <a class="external-link" href="http://eci.nic.in/eci_main1/the_function.aspx">eci.nic.in/eci_main1/the_function.aspx</a></p>
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<div id="edn5">
<p class="MsoEndnoteText" style="text-align: justify; "><a href="#_ednref5" name="_edn5"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[v]</span></span></a> <a class="external-link" href="http://eci.nic.in/eci_main1/Linkto_erollpdf.aspx">http://eci.nic.in/eci_main1/Linkto_erollpdf.aspx</a></p>
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<div id="edn6">
<p class="MsoEndnoteText" style="text-align: justify; "><a href="#_ednref6" name="_edn6"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[vi]</span></span></a> “At present, in most States and UTs the Electoral Database is kept at the district level. In some cases it is kept even with the vendors. In most States/UTs it is maintained in MS Access, while in some cases it is on a primitive technology like FoxPro and in some other cases on advanced RDBMS like Oracle or Sql Server. The database is not kept in bilingual form in some of the States/UTs, despite instructions of the Commission. In most cases Unicode fonts are not used. The database structure not being uniform in the country, makes it almost impossible for the different databases to talk to each other” – Election Commission of India, Revision of Electoral Rolls with reference to 01-01-2010 as the qualifying date – Integration and Standardization of the database- reg., No. 23/2009-ERS, January 6, 2010 available at e<a class="external-link" href="http://eci.nic.in/eci_main/eroll&epic/ins06012010.pdf">ci.nic.in/eci_main/eroll&epic/ins06012010.pdf</a><span dir="RTL"></span></p>
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<div id="edn7">
<p class="MsoEndnoteText"><a href="#_ednref7" name="_edn7"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[vii]</span></span></a><a class="external-link" href="http://eci.nic.in/eci_main1/current/PN09012014.pdf"><span><span class="MsoEndnoteReference"><span class="MsoEndnoteReference"> </span></span></span>http://www.theatlantic.com/technology/archive/2014/01/with-great-computing-power-comes-great-surveillance/282933/</a></p>
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<div id="edn8">
<p class="MsoEndnoteText" style="text-align: justify; "><a href="#_ednref8" name="_edn8"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[viii]</span></span></a> Section 70, Information Technology Act, 2000</p>
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<div id="edn9">
<p class="MsoEndnoteText" style="text-align: justify; "><a href="#_ednref9" name="_edn9"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[ix]</span></span></a> Computer resource which directly or indirectly affects the facility of Critical Information Infrastructure</p>
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<div id="edn10">
<p class="MsoEndnoteText" style="text-align: justify; "><a href="#_ednref10" name="_edn10"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[x]</span></span></a> Rule 2(1)(i), Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011</p>
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<div id="edn11">
<p class="MsoEndnoteText" style="text-align: justify; "><a href="#_ednref11" name="_edn11"><span class="MsoEndnoteReference"><span class="MsoEndnoteReference">[xi]</span></span></a> Press Note No.ECI/PN/1/2014, Election Commission of India , January 9, 2014 available at <a class="external-link" href="http://eci.nic.in/eci_main1/current/PN09012014.pdf">http://eci.nic.in/eci_main1/current/PN09012014.pdf</a></p>
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<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/electoral-databases-2013-privacy-and-security-concerns'>http://editors.cis-india.org/internet-governance/blog/electoral-databases-2013-privacy-and-security-concerns</a>
</p>
No publishersnehashishDigital GovernancePrivacyCybersecurityData ProtectionInternet GovernanceSafetyInformation TechnologyCyber SecuritySecuritye-GovernanceTransparency, PoliticsE-Governance2014-01-16T11:07:21ZBlog EntryInternet, Politics and Transparency
http://editors.cis-india.org/raw/histories-of-the-internet/blogs/transparency-and-politics/internet-politics-and-transparency-1
<b>On 15th April 2009, the Centre for Internet and Society (CIS) hosted a talk by Barun Mitra on “Internet, Transparency and Politics”. Barun Mitra is the Chairperson of Liberty Institute, a think tank based in Delhi. Liberty Institute conducts research and advocacy on policy issues ranging from health, environment and trade to democracy and governance.</b>
<a href="http://www.flickr.com/photos/jace/3451003350/"><img src="http://farm4.static.flickr.com/3655/3451003350_157d6c16f2_m.jpg" alt="Barun Mitra" height="160" width="240" align="right" /></a>
<p>In 2004, Liberty
Institute developed <a href="http://www.empoweringindia.org/">www.EmpoweringIndia.org</a>
(henceforth to be referred to as EI) to compile information that electoral
candidates provided in the affidavits they filed before elections. These
affidavits contain details of the candidate’s assets and liabilities, education
background, PAN number, income tax records and criminal records, if any. The
purpose of compiling this information was to standardize it and make it
available for the voters in a comprehensive format. This, in turn, would enable
voters to use the information and make informed choices when casting their votes.</p>
<p>EI has undergone several rounds of iterations and is already in the
third generation of its development. The aim has been to build a robust
database that will allow citizens to extract information as per their specific
and nuanced queries and use it during the elections and afterwards, to enforce
accountability on the part of the elected representatives. Barun Mitra began
his talk by emphasizing that EI was more than just a website. In the course of
his initial presentations to different groups, he found that many audiences perceived
EI simply as a website. “I was not interested in merely the information. The larger
question driving my initiative was ‘how do we look a politics’?” EI was developed
to introduce a different paradigm of understanding politics and participating
in it.</p>
<p> The interesting aspect of Barun Mitra’s talk was the question he asked, “What
makes information flow?” He decided to move beyond the passé rhetoric of “information
is power”. There were two experiences which enabled Barun Mitra to understand what
makes information flow. “I had made a presentation to audiences in Kerala about
EI in 2008, trying to solicit their support in disseminating the information on
the site to local groups in the state. However, the audience in Kerala saw EI
only as a website and raised questions accordingly. Following this, I made a
presentation to slum dwellers in Delhi who immediately began to demand
information about the candidates who were going to contest from their
constituencies in the 2008 New Delhi state assembly elections. The slum
dwellers and some of the groups working with them even asked me to provide the
information in Hindi and local languages. I was surprised by the fact that two
vastly diverse audiences responded in such dramatically different ways to EI. That
is when I realized that those who have sustained our democracy, namely the
poor, need this kind of information. There is a demand for it among them and
therefore, we need to supply it. The second experience was from Gujarat. During
the 2007 state assembly elections, we found that a number of local media
collectives and the <em>panchayats</em> had
used the information on EI. This was because the mainstream media was covering
the major politicians and candidates in this election while the local groups
needed information on all kinds of candidates contesting from their
constituencies. I have now come to believe that demand and supply are two
aspects to information and it needs to be provided accordingly where the demand
for it is emanating from.”</p>
<p>Barun Mitra also reiterated that EI is non-judgmental, in that it leaves
it to the audiences to decide how they want to interpret the information. This has
been a significant paradigm shift in transparency initiatives that are being developed
on the belief that providing more information to people enhances engagement between
people and the state. Websites of government departments continue to provide
information which they see as important for the citizenry. For instance, see <a href="http://www.bmrc.co.in/">www.bmrc.co.in</a>, the website of the Bangalore
Metro Rail Corporation which claims to be transparent and provides particular
kinds of information, while concealing other aspects of the project development
and implementation. On the other hand, some non-government organizations are focusing
on organizing large chunks of information concerning particular aspects of
governance, and presenting it to people in a way that allows them to extract that
information which they find relevant.</p>
<p>One of Barun Mitra’s goals for the future is to develop parameters for
judging the performance of elected representatives In the launch of EI in
Bangalore on 16<sup>th</sup> April, he pointed out that while he can provide
information about the attendance records of MPs (Members of Parliament) in the Lok
Sabha (House of the People) sessions, it would be inaccurate to judge the MP’s
performance on the basis of this criteria. This is because MPs often sign the
attendance register but they may not sit through the Parliament session. He
therefore feels that more robust criteria have to be developed which will
provide a somewhat holistic picture to the people about the performance of
their elected representatives.</p>
<p>Finally, Barun Mitra spoke on the issue of authenticity of the
information filed in the affidavits. “People often ask, ‘how authentic is this
information?’ The election commission does not take it on itself to verify this
information. But I would say that authenticity is a secondary issue. First, we
have to make information available to the people. People will then, of their
own accord, raise questions about the authenticity of the information. For instance,
the Criminal Bureau of Investigation (CBI) has filed cases in the Supreme Court
challenging the authenticity and sources of the assets declared by current
chief minister (CM) of Uttar Pradesh (UP) Mayawati and former CM Mulayam Singh
Yadav.” Specifically, Mayawati’s assets in 2003 which amounted to Rs. 1 crore increased
to 50 crores in 2007. This information came to light through information from
the affidavit which Mayawati had to file before the state assembly elections in
UP in 2007. “Filing such a <a class="external-link" href="http://http://news.outlookindia.com/item.aspx?651599">case </a>was possible only because Mayawati and Mulayam
Singh were compelled to provide information about their assets to the public.”</p>
<p>Barun Mitra’s talk raises an important question for me: how effective
are initiatives like EI in fostering interaction between the state and the
citizens? I will address this question in my next blog post where I examine the
case of the Digital City project in Amsterdam. I examine the concepts and practices
of cyberspace, urban space and citizenship through the Digital City Project and
other projects undertaken to foster transparency. I then try to analyze the initiatives
undertaken during the 2009 general elections in India and make some tentative
remarks on democracy and participation.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/histories-of-the-internet/blogs/transparency-and-politics/internet-politics-and-transparency-1'>http://editors.cis-india.org/raw/histories-of-the-internet/blogs/transparency-and-politics/internet-politics-and-transparency-1</a>
</p>
No publisherzainabTransparency, Politics2011-12-02T09:33:13ZBlog EntryRound Table on Assessing the Efficacy of Information and Communication Technologies (ICTs) for Public Initiatives: A Report
http://editors.cis-india.org/events/event-blogs/round-table-assessing-efficacy
<b>Zainab Bawa reports on the Round Table on Assessing the Efficacy of Information and Communication Technologies for Public Initiatives, hosted by the Centre for Internet and Society, Bangalore, on 17 June 2009, in collaboration with the Liberty Institute, New Delhi. </b>
<p></p>
<p>
In
recent times, there has been an upsurge in the use of ICTs to provide
information to people and to elicit participation. Individuals, corporate
organisations, NGOs, civil society organisations, collectives, municipalities,
political parties and politicians have been using the internet and other
mediums to communicate with people. The round table was organised primarily to
discuss two issues:</p>
<ol><li>What is the
effectiveness of the initiatives introduced in recent times?</li><li>How do we
move forward in terms of partnerships/collaborations in the areas of data
gathering, sharing, dissemination and architecture of information? </li></ol>
<p>Given
the constraints of time, however, we were only able to discuss a few issues with
respect to efficacy of initiatives, rather than come up with a concrete action
plan on how to measure effectiveness of many of the existing initiatives. This
remains an agenda for subsequent meetings.</p>
<p>This round table was the first meeting of its kind. It
brought together participants from diverse backgrounds to discuss key issues
involved in leveraging ICTs towards various ends, and to collaborate with each
other on ongoing initiatives. Participants included researchers,
persons who have developed information platforms and databases, individuals
working in the area of leveraging technology for streamlining processes in
society and people who have been studying usage patterns of social media tools.
Most of the participants were using ICTs to improve information access
related to health issues, education, budgets, development of rural areas and
recently, elections and governance. In the subsequent sections, I will briefly
elaborate on some of the key themes around which discussions took place
during the round table.</p>
<p><strong>Building on Ideas:</strong> In the morning
and pre-lunch sessions, one issue that featured prominently was the importance of developing ideas rather than trying to work out a perfect model that
we believe will solve what we perceive to be people’s problems. Two of the
participants explained that they started implementing ideas as they came to
them, rather than trying to come up with a framework that they thought would
work for the masses. They worked towards evolving their ideas, exploring what
works and what does not. One of them further pointed out that such evolution
cannot be observed as it happens; it only becomes apparent in hindsight. Hence,
discussions such as the current round table are useful.</p>
<p>It is
also important to note that we are still in a nascent stage of understanding
how ICTs can impact people’s lives and deploying them accordingly. As a result, many efforts are likely to be in the stage of trial and error.</p>
<p><strong>Key areas of interest and concern:</strong> Based
on the input from participants in the morning session, we
arrived at a list of areas that require more understanding and discussion.</p>
<ol><li><u>Information gathering, dissemination, access –
including information architecture, technology design</u>:
Here, three issues were discussed:</li>
<ul><li>Who are we talking about when we refer to information
access? It was pointed out that information is crucial particularly for people
who do not have computers and for whom internet is not a priority. The intensity
with which they seek information is remarkable. One of the participants argued
that we undervalue the potential of information to make a difference to
people’s lives.</li><li>How do we deliver information? Providing information
is not enough.</li><li>Representativeness of the information for those who it
is provided for.
</li></ul>
</ol>
<p>Another issue that was referred to
was whether language is a problem, i.e., most information is available only in
English. One of the participants suggested that this is not the case because Google has found that a very small percentage of the population actually refers
to material on the web in languages other than English.</p>
<ol type="1" start="2"><li><u>Community mobilization</u>:
During the deliberations, we referred to the problem of replication of initiatives. Two observers of social media pointed
out that replication happens because people are trying to create their own
unique communities around their initiatives. This is an important insight
for future efforts and also indicates the need to share databases and
information that individuals and organisations have compiled. They also
suggested that it is important to discover existing communities and spaces
where conversations around issues of governance, education, health and
development are taking place. This helps to plug into existing resource
pools and to extend outreach. <br /></li></ol>
<ol type="1" start="3"><li><u>Citizens’ participation</u>:
Initiatives that work and why they
succeed - We briefly discussed the Jaagore campaign and India Vote Report,
which were launched before the 2009 national elections in India to enable
people to register on the electoral rolls and to report irregularities during
elections respectively. Some people found it difficult to register
themselves on the Jaagore website and some had difficulties in finding the
local offices where they needed to follow-up with the process. It was also
pointed out that Vote Report did not connect with the end user because it
would have been easier to report irregularities and anomalies via SMS
rather than trying to report them by logging on to the site. If one looks
at the case of the Online Complaint Management System (OCMS) developed by
Praja, the availability of the telephone hotline service through which
citizens could register their complaints helped in widening usage. Thus,
it appears that two issues are pertinent:</li>
<ul><li>Whether the initiative connects with the people who
are likely to use it;</li><li>Simplicity of design/system that enables more users. <br />
</li></ul>
</ol>
<p><strong>Target
Audience:</strong> One of
the participants pointed out that some initiatives do not work because they are
targeted towards the wrong audiences. For example, when it comes to voting and
elections, poor groups are the ones who go out and vote in large numbers.
Hence, information systems need to be tailored to provide them with the data
that they need most. Access also has to be configured accordingly. In some
instances, the target is too broad to reach out effectively.</p>
<p>It appears that there is a need to
develop strategies on how platforms and databases that have been created to
enhance access to information can be made known among the masses and how people
can be made aware to use them. It is equally important to understand what
constitutes ‘information’ and for whom. Here,
the other issue to explore is how information links back to the people for who
it is provided.</p>
<ol type="1" start="4"><li><u>Technology</u>: In this
area, a key concern was the high costs involved in developing technologies
and whether we could learn from each other’s experience of developing
technologies instead of reinventing the wheel. We also discussed whether
open source software helps to reduce costs of development. The other issue
with respect to open source is whether there is enough assistance and
support available to resolve problems that may crop up during use of
technology from time to time. </li></ol>
<p><strong>Sharing
of Data:</strong> Discussions also veered around the issue of whether
appropriate technology and applications could be created to help with sharing
existing databases and information pools. We did not discuss this issue
in depth, but it remains relevant for subsequent meetings.</p>
<ol type="1" start="5"><li><u>Back end integration</u>: According
to some of the participants, one of major problems is the interface
between government and citizens, which remains weak. Technology
can be used to enhance the interactions. Participants also pointed out
the difficulty in obtaining data from government bodies that is important
to create the interface between government and citizens. A participant
involved with the Jaagore campaign referred to the problem of back-end
integration during their efforts to help citizens register themselves with
the election commission (EC) offices. A participant from Google similarly
reported that they faced problems in obtaining election results from the EC’s
offices as a result of which, they had to rely on their partners for this
information. Here too, we could not deliberate on how to resolve this
problem, but this could be a major theme for a subsequent meeting. <br /></li></ol>
<ol type="1" start="6"><li><u>Performance (monitoring, evaluation)</u>:
One of the themes that participants zeroed in on was the evaluation of
the performance of elected representatives and making this evaluation available for
people to see. Here, the debate was around the problem of evaluation being carried out according to the criteria we set which may not seem relevant
to other sections of society. One of the suggestions that came up was to
develop a matrix for evaluation and put out information accordingly.
People can then use it to make their own judgments. <img src="http://editors.cis-india.org/events/event-blogs/uploads/00016.jpg/image_preview" alt="rt2" class="image-right" title="rt2" /><br /></li></ol>
<p>In
the post-lunch session, some of the participants shared their experiences with
implementation and also the work they and their organisations are currently
engaged with. Towards the end of the round table, each one of the participants
explained their respective projects and how they may wish to collaborate with
other participants (who were present) in their initiatives. An e-group called “CIS-Info-Access” has
been created to take these conversations and collaborations further. </p>
<h3><strong>Evaluation of the Round Table and Way Forward:</strong> <br /></h3>
<p>When
invitations were sent out to people to participate in the round table, many of
the invitees expressed a genuine and enthusiastic interest in being part of
this effort. As mentioned above, one of the reasons for this enthusiasm was
because this was the first meeting of its kind, bringing together
individuals from the fields of technology, research and implementation. We
invited a total of 35 people out of which 27 finally attended the meeting.
The diversity of the participants was an asset in that a variety of issues were
brought to the table. The drawback was that there was not enough time to
discuss some of the pertinent issues in depth. Future meetings can be tailored
to discuss one or two specific themes such as back-end integration and sharing
of information, technology issues, ideas for mobilising citizens and
communities, etc.</p>
<p>The
possibilities of collaboration between participants in this meeting are immense
and we hope that some of the synergies will materialise into concrete outcomes.
Further, a few participants have expressed an interest in organising similar
meetings in their cities/towns, perhaps focusing on a few issues instead of
bringing people together under a broad theme. Of some of the issues discussed,
participants have indicated that back-end integration with government and
ideating on different ways of disseminating data can be further deliberated on
in future. One of the participants also suggested that there is a need to make
‘data’ more relevant to people’s lives.</p>
<p>While
the meeting was fruitful in many respects, one issue needs to be underlined.
This concerns the imagination of internet and ICTs as mediums that can resolve all existing problems with respect to citizen-government
interface, streamlining of processes and provision of information. Such an
overarching imagination of technology overlooks the cultural, economic, social and
political specificities of communities and contexts. Technology
can also have negative implications in some circumstances. It also needs to be
reinforced that technology is embedded in society and culture. Therefore we
need to view technology as one of the avenues among others available which will
facilitate interactions between people and their governments and the state.
Democratisation is more likely to be realised through such a perspective.</p>
<p></p>
<p>
For more details visit <a href='http://editors.cis-india.org/events/event-blogs/round-table-assessing-efficacy'>http://editors.cis-india.org/events/event-blogs/round-table-assessing-efficacy</a>
</p>
No publishersachiaSocial mediaDigital ActivismDigital AccessPublic AccountabilityDiscussionFeaturedTransparency, Politics2011-08-20T22:28:55ZBlog EntryTransparency and Politics: Politically Aware and Participatory Citizenry
http://editors.cis-india.org/raw/histories-of-the-internet/blogs/transparency-and-politics/internet-politics-and-transparency-2
<b>In this, her fourth blog post on her CIS-RAW project, Zainab Bawa looks at the notions of Stakeholder and Participation. </b>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/histories-of-the-internet/blogs/transparency-and-politics/internet-politics-and-transparency-2'>http://editors.cis-india.org/raw/histories-of-the-internet/blogs/transparency-and-politics/internet-politics-and-transparency-2</a>
</p>
No publisherzainabTransparency, Politics2011-08-23T04:34:40ZBlog EntryTransparency and Politics: An Introduction [I]
http://editors.cis-india.org/raw/histories-of-the-internet/blogs/transparency-and-politics/transparency-and-politics-an-introduction-to-the-project-part-i
<b>This is the first in a series of blog posts documenting Zainab Bawa's CIS-RAW project on Transparency and Politics. This post briefly explains how the notion of transparency has developed over time, and the changes that it has been through. </b>
<p></p>
<p>Since 2005, I have been carrying out ethnographic research on
cities, particularly on issues of governance, politics and economic practices
in cities. In 2004, I began working for an organization in Mumbai named <a class="external-link" href="http://www.praja.org/">Praja</a>.
Here, I was introduced to the concepts of transparency, accountability and
governance. These were the buzzwords of that
time, articulated vociferously by some of the civil society organisations that had
sprung up in Mumbai and Bangalore to cleanse the city of maladministration. However, the notion of transparency originated earlier, in the 1990s. It was conceptualised as an antidote which would help to pull
the state out of the morass of corruption and bribery that it had fallen into. Governments
seeking loans from international agencies such as the World Bank and USAID for
reforming their departments and for improving the delivery of civic services
were asked to make their functioning transparent as a necessary prerequisite. </p>
<p> </p>
<p>Making government transparent mainly involved
introducing the double entry
accounting system for keeping a record of all the assets that the government
owns (which could then be mortgaged in case the government defaulted on loan repayments),
and to track all expenditures against the available balance in order to show where
and how the money has been spent and to prevent over-spending. Transparency was also enforced through the
imposition of some models for implementing infrastructure. For instance, in
Mumbai, under the <a class="external-link" href="http://web.worldbank.org/external/projects/main?pagePK=64283627&piPK=73230&theSitePK=40941&menuPK=228424&Projectid=P010480">sewage disposal programme</a>,
the World Bank gave a large grant for building toilets in the slums. The actual
construction of the toilets would, however, be the responsibility of community
organisations working in the slums. This model was imposed because of the
assumption that community organisations are more aware of the needs of the slum
dwellers and they would not engage in the rent-seeking behavior which is (presumed
to be) characteristic of municipal officials and elected councilors. An analysis
of the toilet construction programme is <a href="http://editors.cis-india.org/raw/histories-of-the-internet/blogs/transparency-and-politics/uploads/post-1" class="internal-link" title="Post 1">available here</a>. For our purposes,
we need to keep in mind that reform in municipal budgeting and prescribing
models which would reduce the scope for corruption were some of the early
materialisations of the notion of transparency.</p>
<p> </p>
<p>We now move
to the next important phase in the history of transparency--the
conception and the gradual implementation of the Right to Information (RTI) Act
in India. RTI is based on the idea that the citizen should have access to any
kind of information that she requires. <strong>Under
RTI, transparency was sought to be implemented in the process</strong> <strong>by which the citizen asks for information from
the state</strong>. This means that whereas earlier, the citizen could have acquired
the same information by giving bribes to government officials and/or through
various other circuits and means, now she could legitimately ask for the information
and the state became bound by law to give it. There was also a stamp of
legitimacy to the information that was eventually given. It could be used to challenge
government officials, make the state accountable for its actions and reform
governing practices in a much larger public domain than what could be possible
before. I will not evaluate the RTI Act here; I will leave it for a subsequent
post. But what interests me is the relationship between regulation and
transparency. Can transparency be enforced through law? What implications does such
enforcement have on governing practices as well for different socio-economic
groups? Does enforcement cause the state to become transparent in some area and
opaque in others?</p>
<p>The next
major impetus to the development of the notion of transparency came with:</p>
<ol><li>The increasing penetration of the
Internet in India,</li><li> Implementation of e-governance
policies which made it mandatory for municipalities and government agencies to
publish information about their departments, budgets, and the welfare schemes
and programmes on offer from them</li><li>Coupling Right to Information with Duty
to Publish which meant that while the citizen had the right to seek
information, the state and its agencies had a duty to voluntarily publish more
and more information about themselves</li><li>A demand from existing and emerging
civil society organisations as well as institutions such as the World Bank to
improve the delivery of civic services by eliminating middle-men and all those processes
which increase the possibility of bribe giving and taking,</li><li>A further demand from the same
organisations that the processes by which decisions are made and the
reasons/logic of these decisions should be made available for public eyes, the
aim here being that the decision-making process should be made uniform and ‘objective’.</li></ol>
<p>It is interesting to note how the Internet gets linked to the concept of
transparency. The Internet does provide a vast space for publishing information,
but that is not all. The ‘virtual space’ of the Internet is very closely linked
with the way we want our cities to be i.e., absolutely visible,
monitorable and manageable. This can be achieved partly by making information
about the various aspects of urban governance available online, and partly by publishing
information about all those population groups and political practices that are
classed as ‘informal’ and ‘illegal’. In the course of this project, I
will try to further develop the link between the space of the Internet and that of the
city by describing some of the initiatives and case studies about transparency
and politics.</p>
<p>It is also important
to remember that transparency is not a static concept. It emerges in and is
shaped by contexts. For example, the increased emphasis on municipalities to introduce
double entry accounting systems in order to make the budgetary process
transparent, particularly between 2004 and 2006, was linked to the fact that
international financial institutions, who wanted to invest in urban infrastructure
development during this period, could now see what assets municipalities
possessed and whether these assets could be cashed in (both metaphorically and
materially) in future. In this case, transparency translated as particular kinds
of visibilities for particular groups. Transparency can be also used as a trope
to justify interventions such as cleaning of voter lists, introduction of
identification cards and removing certain decision-making powers from local
governments and transferring them to other government bodies. We will need to
bear these aspects of transparency in mind as we understand it and evaluation
its implications.</p>
<p>In this
post, I have tried to explain how the notion of transparency has developed over time, and the changes
that it has been through. This provides the first part of the background to the
project. In the next post, I will explain what politics means in practice and
how transparency now enters and modifies the realm of politics.</p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/histories-of-the-internet/blogs/transparency-and-politics/transparency-and-politics-an-introduction-to-the-project-part-i'>http://editors.cis-india.org/raw/histories-of-the-internet/blogs/transparency-and-politics/transparency-and-politics-an-introduction-to-the-project-part-i</a>
</p>
No publisherzainabTransparency, Politics2011-08-23T04:34:50ZBlog Entry