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ICANN Begins its Sojourn into Open Data
http://editors.cis-india.org/internet-governance/icann-begins-its-sojourn-into-open-data
<b>The Internet Corporation for Assigned Names and Numbers (ICANN) recently announced that it will now set up a pilot project in order to introduce an Open Data initiative for all data that it generates. We would like to extend our congratulations to ICANN on the development of this commendable new initiative, and would be honoured to support the creation of this living document to be prepared before ICANN 58.</b>
<p> </p>
<p style="text-align: justify;">To quote the ICANN blog directly, the aim of this project is to “<em>bring selected data sets into the open, available through web pages and programming APIs, for the purposes of external party review and analysis</em>” <a href="#ftn1">[1]</a>. This will play out through the setting up of three components:</p>
<ol><li>Development of a catalogue of existing data sets which will be appropriate for publication</li>
<li>Selection of the technology necessary for managing the publication of these data sets.</li>
<li>Creation of a process to prioritise the order in which the data sets are made available <a href="#ftn2">[2]</a>.</li></ol>
<h3><strong>Principles in Question</strong></h3>
<p style="text-align: justify;">The Centre for Internet and Society firmly believes in the value of accessible, inclusive open data standards as a tool for enhancing transparency in any system. Greater transparency goes a long way towards bringing a regulatory authority closer to those who are governed under it – be it a state or a body such as ICANN. It is, in fact, an indispensable component of a multistakeholder model of governance to facilitate informed participation by all parties concerned in the decision making process.</p>
<p style="text-align: justify;">The right to information that a regulatory authority owes those it regulates has two kinds of components. The first may be described as reactive disclosure – “<em>when individual members of the public file requests for and receive information</em>” <a href="#ftn#3">[3]</a>. The second is disclosure that is more proactive in nature – “<em>when information is made public at the initiative of the public body, without a request being filed</em>” <a href="#ftn4">[4]</a>. The former is epitomized by initiatives such as the Freedom of
Information Act <a href="#ftn5">[5]</a> in the United States, the Right to Information Act in India <a href="#ftn6">[6]</a>, or ICANN’s very own Documentary Information Disclosure Policy <a href="#ftn7">[7]</a>.</p>
<p style="text-align: justify;">Proactive disclosure policies, on the other hand, operate out of the principle that the provision of information by those in positions of regulatory authority will ensure free and timely flow of information to the public, and the information so provided will be equally accessible to everyone, without the need for individual requests being filed <a href="#ftn8">[8]</a>. Proactive disclosure also goes a long way towards preventing officials from denying or manipulating information subsequent to publication <a href="#ftn9">[9]</a>. Scholars have touted proactive disclosure as the “<em>future of the right to know</em>” <a href="#ftn10">[10]</a>.</p>
<p style="text-align: justify;">At the Centre for Internet and Society, much of our research has pointed towards the direction of creating better open data standards for governments (Please see “<a href="http://cis-india.org/openness/blog-old/open-government-data-study">Open Data Government Study: India</a>”). We are one of the Lead Stewards of the International Open Data Charter <a href="#ftn11">[11]</a> and have maintained that it is crucial for governments to maintain open data standards in the interest of transparency and accountability. We firmly believe that the same principles extend also to ICANN – a body which, as per its own by-laws commits towards operating “…<em>to the maximum extent feasible in an open and transparent manner and consistent with procedures designed to ensure fairness</em>”<a href="#ftn12">[12]</a>.</p>
<h3><strong>Suggestions</strong></h3>
<p style="text-align: justify;">While this policy is in its nascent stage, we would like to put forward certain principles which we believe ought to be kept in mind before it gets chalked out, in the best interest of the ICANN community:</p>
<ol><li>To determine what data sets should be made publicly accessible, it would be useful to carry out an analysis of existing DIDP requests to understand trends in the kind of information that the ICANN community is interested in accessing, which can then be proactively disclosed. It would be redundant on ICANN’s part to disclose, under this Open Data Policy, data which is already publicly available.</li>
<li>ICANN should first develop a catalog of all existing data sets with ICANN, apply the principles for deciding appropriateness for publication, then make publicly available both the full catalog, and the actual data sets identified for publication. ICANN should make clear the kind of information it is not going to make accessible
under this open data standards, and justify the principles on the basis of which it is choosing to do so (analogous to the exceptions clauses under the DIDP).</li>
<li>With respect to technology to be selected for managing the publication of data sets, free and open source software (such as CKAN) ought to be used, and open standards should be adopted for the use and licensing of such data.</li>
<li>Such data ought to be downloadable in bulk in CSV/JSON/XML formats.</li>
<li>DIDP responses and the open data work flows ought to be integrated so that all the responses to DIDP requests are automatically published in a machine-readable format as open data.</li>
<li>Qualitative (text of speeches, slides from presentations, recordings of sessions, etc.) and quantitative data should both be included under this new policy.</li></ol>
<p style="text-align: justify;">In conclusion, we would like to extend our congratulations to ICANN on the development of this commendable new initiative, and would be honoured to support the creation of this living document before ICANN 58.</p>
<hr align="left" size="1" width="33%" />
<h3><strong>Endnotes</strong></h3>
<div id="ftn1">
<p>[1] Internet Corporation for Assigned Names and Numbers, <em>ICANN Kicks off Open Data Initiative Pilot</em>, (November 6, 2016), available at <a href="https://www.icann.org/news/blog/icann-kicks-off-open-data-initiative-pilot">https://www.icann.org/news/blog/icann-kicks-off-open-data-initiative-pilot</a> (Last visited on November 9, 2016).</p>
</div>
<div id="ftn2">
<p>[2] Id.</p>
</div>
<div id="ftn3">
<p>[3] Naniette Coleman, <em>Proactive vs. Reactive Transparency</em>, (February 8, 2010), available at: <a href="http://blogs.worldbank.org/publicsphere/proactive-vs-reactive-transparency">http://blogs.worldbank.org/publicsphere/proactive-vs-reactive-transparency</a> (Last visited on November 9, 2016).</p>
</div>
<div id="ftn4">
<p>[4] Id.</p>
</div>
<div id="ftn5">
<p>[5] Freedom of Information Act, 1966, 5 U.S.C. § 552.</p>
</div>
<div id="ftn6">
<p>[6] Right to Information Act, 2005 <em>available at</em> http://righttoinformation.gov.in/rti-act.pdf</p>
</div>
<div id="ftn7">
<p>[7] ICANN, <em>Documentary Information Disclosure Policy</em>, available at <a href="https://www.icann.org/resources/pages/didp-2012-02-25-en">https://www.icann.org/resources/pages/didp-2012-02-25-en</a> (Last visited on November 9, 2016).</p>
</div>
<div id="ftn8">
<p>[8] Helen Darbishire, <em>Proactive Transparency: The future of the right to information?</em> Working paper. N.p.: World Bank, (2009).</p>
</div>
<div id="ftn9">
<p>[9] Id.</p>
</div>
<div id="ftn10">
<p>[10] Darbishire, <em>supra</em> note 8.</p>
</div>
<div id="ftn11">
<p>[11] Open Data Charter, <em>Who We Are</em>, available at <a href="http://opendatacharter.net/who-we-are/">http://opendatacharter.net/who-we-are/</a> (Last visited on November 10, 2016).</p>
</div>
<div id="ftn12">
<p>[12] Article III(1), Bylaws For Internet Corporation For Assigned Names And Numbers</p>
</div>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/icann-begins-its-sojourn-into-open-data'>http://editors.cis-india.org/internet-governance/icann-begins-its-sojourn-into-open-data</a>
</p>
No publisherPadmini Baruah and Sumandro ChattapadhyayOpen DataICANNinternet governance2016-11-12T01:17:24ZBlog EntryGoogle, Apple and Microsoft may need licence for satellite mapping in India
http://editors.cis-india.org/openness/news/economic-times-aman-sharma-neha-alawadhi-may-9-2016-google-apple-and-microsoft-may-need-licence-for-satellite-mapping-in-india
<b>Cold response from MNCs like Google to India's security concerns is seen as a prime reason for the proposed legislation to regulate mapping of the country, a move that critics call "return of the Licence Raj" and "digital nationalism".</b>
<p>The article by Aman Sharma and Neha Alawadhi was published in <a class="external-link" href="http://economictimes.indiatimes.com/news/politics-and-nation/google-apple-and-microsoft-may-need-licence-for-satellite-mapping-in-india/articleshow/52180349.cms">Economic Times</a> on May 9, 2016. Sumandro Chattapadhyay was quoted.</p>
<hr />
<p style="text-align: justify; "><span>A draft of Geospatial Information Regulation Bill, released last week seeking public comments, says anyone mapping India by a satellite or aerial platform will need a licence from a government "security vetting authority". "India as a responsible power must have established guidelines," Kiren Rijiju, MoS for Home, told ET, reacting to the criticism to the move.</span></p>
<p style="text-align: justify; "><span>"We won't create hurdles for business and technological development, but national security considerations must not be compromised either," said Rijiju. Non-compliance could land you in jail for seven years. On the top of that would be a fine of up to Rs 100 crore. BJP MP Tarun Vijay, who has long been campaigning for such a law, said "patriotic Indians" should use the country's own 'Bhuvan' software application for maps.</span></p>
<p style="text-align: justify; "><span>"Why do we need Google? We should stop becoming Google's instruments," he told ET. "The patriotic government of Narendra Modi has taken a right step in a big relief to the security establishment. UPA did not take any action despite my pleas to the then Defence Minister AK Antony. I congratulate the Modi government for showing spine in face of arrogance of these IT giants," he said, adding: Google has been "behaving as if it were above Indian law".</span></p>
<p style="text-align: justify; "><span>A top government official involved in the move said maps of India's sensitive installations were available on Google Maps, increasing the security risk of those sites. Demand to mask those were never complied to. "Pathankot air base, which was recently attacked, can be seen on Google Maps. Terrorists plot strikes on sensitive targets studying Google Maps," he told ET.</span></p>
<p style="text-align: justify; "><span>"Our plea to black out sensitive installations do not yield results. This Bill is now sending a strong message that US companies cannot be running roughshod over Indian security interests." Companies such as Google, Microsoft and Apple, which have millions of Indians using their maps, would be hit directly by the legislation if it is pushed through. Firms that depend on these maps to provide their services, such as Uber, Zomato and Ola, too would be affected. Google, Apple and Microsoft didn't respond to emails seeking comment.</span></p>
<p style="text-align: justify; "><span>Mishi Choudhary, legal director at Software Freedom Law Centre, said almost all online businesses today depend on geo-location and provide maps for the use of their services, and that all of them will be forced to seek a licence under the proposed law. "This kind of digital nationalism is a way to create a government-controlled monopoly on all geographical information about the country, conveniently transforming Digital India to Licence India, digitally this time," said Choudhary, who was part<span> </span>of the successful legal fight to scrap Section 66A of the IT Act to ensure freedom of expression on the Internet. An executive at one of the big tech companies said the draft Bill raised far too many questions.</span></p>
<p style="text-align: justify; "><span>"On the face of it, the Bill will kill any and every use of the maps. It is also unclear if you get a licence for maps, only you can use it or others can use it, too," he said. "Also, whether every time you update a map, does one have to get a security clearance? Maps have to be live and dynamic, so getting it approved from government each time may not be feasible."</span></p>
<p style="text-align: justify; "><span>Those working on mapping and geospatial technology said services such as Google Maps are popular because they are faster and easier to use compared to government-prescribed process.<span> </span>"According to Indian law...if I have to buy certain data, I will have to go to the concerned department, like ISRO's National Remote Sensing Agency, or the Survey of India. In the case of NRSC (for satellite data), they will purchase the data for me, and then I will have to pay. That's a long process and hence people went to services like Google Maps, which are easier," said Devdatta Tengshe, a freelance geospatial information systems consultant.</span></p>
<p style="text-align: justify; "><span>The agency removes sensitive zones from the data and takes about two-three months or even more to respond, which is an unrealistic timeline for people working with digital data, he said. There is also apprehension that the Bill will undermine rescue and humanitarian efforts, such as during disasters like the Nepal earthquake.</span></p>
<p style="text-align: justify; "><span>"It was user-generated geospatial data that was used by the humanitarian response teams. This situation of lack of openly usable geospatial data holds true for large parts of India, and especially Himalayan India," said Sumandro Chattapadhyay, research director at Centre for Internet and Society. Also of concern is the lack of court's jurisdiction in matters related to the proposed legislation, said SFLC's Choudhary.</span></p>
<p style="text-align: justify; "><span>A senior government official, however, said companies should not have a problem to come under regulations on security considerations and that the Bill was up for public comments where the companies can lodge their apprehensions. "We are not banning anyone from mapping India — only that the mapping has to be in line with Indian security considerations regarding sensitive installations and correct boundaries being depicted like not showing PoK and Arunachal Pradesh as out of India," this official said.</span></p>
<p style="text-align: justify; "><span>A group of techies have, meanwhile, got together to create a website called savethemap.in, which aims to educate people and make them send out responses to the draft Bill. It will likely come up with a template response, along the lines as the savetheinternet. in campaign that was instrumental in taking the net neutrality debate to the people.</span></p>
<p>
For more details visit <a href='http://editors.cis-india.org/openness/news/economic-times-aman-sharma-neha-alawadhi-may-9-2016-google-apple-and-microsoft-may-need-licence-for-satellite-mapping-in-india'>http://editors.cis-india.org/openness/news/economic-times-aman-sharma-neha-alawadhi-may-9-2016-google-apple-and-microsoft-may-need-licence-for-satellite-mapping-in-india</a>
</p>
No publisherpraskrishnaOpen StandardsOpen DataOpen Government DataOpenness2016-05-10T15:20:39ZNews ItemGeekup on Open Data in Bangalore
http://editors.cis-india.org/openness/geekup-bangalore
<b>HasGeek in partnership with the Centre for Internet and Society invite you to a talk by Hapee de Groot on 25 January 2012 at CIS office in Bangalore.</b>
<h2>Hapee de Groot</h2>
<p>Hapee de Groot has worked on a wide range of issues around Open Source Data, ICT and Media Development, Access, Security, ICT for Development (ICT4D) and Localisation of Content, for a global stage towards greater transparency and accountability with the Dutch NGO Hivos since 2001. Before that, in the nineties, he was an advocate for free public internet access, working with xs4all and the <a class="external-link" href="http://www.nettime.org/Lists-Archives/nettime-l-0101/msg00085.html">digital city Amsterdam</a> (DDS). He has also served as an editor for OneWorld International and ran the Digital Divide Campaign which turned into a still ongoing digital channel at <a class="external-link" href="http://www.digitalopportunity.org/">DigitalOpportunity.org</a>.</p>
<p>Hapee is one of the earliest generations of hackers and is highly influential on the subjects of ICT and Technology, Open Source, Social Media, and Technology in Africa, according to the influence measures on Klout. This is his 5th visit to India where he has worked previously on Mission 2009 and setting up access for remote areas in India, in collaboration with Toxic Links and Sarai, Delhi. He was a participant at the InfoActivism Camp in Bangalore, 2008.</p>
<p>His current interest is in the field of Open Government Data and he partners with six international donor agencies to run the Transparency and Accountability Initiative. He brings together his technical skills, policy experience and development research to train people in understanding the politics, responsibilities and risks associated with open data platforms and helps NGOs and governments in producing secure and citizen friendly platforms of data collection, distribution and dissemination.</p>
<h2>Open Data</h2>
<p>From his background working for a development organisation (HIVOS) Hapee will talk about Open Data and its use for citizen engagement. This is a twofold process. On the one side there is the history of the traditional NGO and their limited impact on the system. On the other side there are the Open Government Data initiatives pushed from within administrations, including by the Obama administration. The question is of how both can benefit from each other.</p>
<p>Hapee has some examples of citizen driven projects in Africa that HIVOS supports. He will present on these projects, including on data visualization and technical platforms. He would like to hear from the audience (that's you!) on similar projects in India.</p>
<p>The other side of the coin is privacy which is a bigger issue in India than in Africa. How can we be open while still protecting privacy? Hapee will lead a discussion on this.</p>
<p><strong>Registrations are closed<br /></strong></p>
<p>Wednesday, 25 January 2012, Bangalore</p>
<table class="plain">
<tbody>
<tr>
<td>Welcome with tea, coffee and snacks</td>
<td>6.00 p.m. - 6.15 p.m.<br /></td>
</tr>
<tr>
<td>Lightning Talks</td>
<td>6.15 p.m - 7.00 p.m.<br /></td>
</tr>
<tr>
<td>Open Data<br /></td>
<td>7.00 p.m. - 8.00 p.m.<br /></td>
</tr>
</tbody>
</table>
<p>
For more details visit <a href='http://editors.cis-india.org/openness/geekup-bangalore'>http://editors.cis-india.org/openness/geekup-bangalore</a>
</p>
No publisherpraskrishnaOpen DataOpenness2012-01-31T03:38:25ZEventEthical Issues in Open Data
http://editors.cis-india.org/internet-governance/blog/ethical-issues-in-open-data
<b>On August 1, 2013, I took part in a web meeting, organized and hosted by Tim Davies of the World Wide Web foundation. The meeting, titled “Ethical issues in Open Data,” had an agenda focused around privacy considerations in the context of the open data movement.</b>
<p style="text-align: justify; ">The main panelists, Carly Nyst and Sam Smith from <a class="external-link" href="http://https//www.privacyinternational.org/">Privacy International</a>, as well as Steve Song from the <a class="external-link" href="http://www.idrc.ca/EN/Pages/default.aspx">International Development Research Centre</a>, were joined by roughly a dozen other privacy and development researchers from around the globe in the hour long session.</p>
<p style="text-align: justify; ">The primary issue of the meeting was the concern over modern capabilities of cross-analytics for de-anonymizing data sets and revealing personally identifiable information (PII) in open data. Open data can constitute publicly available information such as budgets, infrastructures, and population statistics, as long as the data meets the three open data characteristics: accessibility, machine readability, and availability for re-use. “Historically,” said Tim Davies, “public registers have been protected through obscurity.” However, both the capabilities of data analysts and the definition of personal data have continued to expand in recent years. This concern thus presents a conflict between researchers who advocate governments releasing open data reports, and researchers who emphasize privacy in the developing world.</p>
<p style="text-align: justify; ">Steve Song, advisor to IDRC Information & Networks program, spoke of the potential collateral damage that comes with publishing more and more types of information. Song addressed the imperative of the meeting in saying, “privacy needs to be a core part of open data conversation.” In his presentation, he gave a particularly interesting example of the tensions between public and private information implications. Following the infamous <a class="external-link" href="http://en.wikipedia.org/wiki/Sandy_Hook_Elementary_School_shooting">2012 school shooting in Newtown, Connecticut</a>, the information on Newtown’s gun permit owning citizens (made publicly available through America’s <a class="external-link" href="http://foia.state.gov/">Freedom of Information Act</a>) was aggregated into an interactive map which revealed the citizens’ addresses. This obviously became problematic for the Newtown community, as the map not only singled out homes which exercised their right to bear arms but also indirectly revealed which homes were without firearm protection and thereby more vulnerable to theft and crime. The Newtown example clearly demonstrates the relationship (and conflict) between open data and privacy; it resolves to the conflict between the right to information and the right to privacy.</p>
<p style="text-align: justify; ">An apparent issue surrounding open data is its perceived binary nature. Many advocates either view data as being open, or not; any intermediary boundaries are only forms of governments limiting data accessibility. Therefore, a point raised by meeting attendee Raed Sharif aptly presented an open data counter-argument. Sarif noted how, inversely, privacy conceptions may form a threat to open data. He mentioned how governments could take advantage of privacy arguments to justify their refusal to publish open reports. <br /><br />However, Carly Nyst summarized the privacy concern and argument in her remarks near the end of the meeting. Namely, she reasoned that the open data mission is viable, if only limited to generic data, i.e., data about infrastructure, or other information that is in no way personal. Doing so will avoid obstructions of individual privacy. Until more advanced anonymization techniques can be achieved, which can overcome modern re-identification methods, publicly publishing PII may prove too risky. It was generally agreed upon during the meeting that open data is not inherently bad, and in fact its analysis and availability can be beneficial, but the threat of its misuse makes it dangerous. For the future of open data, researchers and advocates should perhaps consider more nuanced approaches to the concept in order to respect considerations for other ethical issues, such as privacy.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/ethical-issues-in-open-data'>http://editors.cis-india.org/internet-governance/blog/ethical-issues-in-open-data</a>
</p>
No publisherkoveyOpen DataInternet GovernancePrivacy2013-08-07T09:19:54ZBlog EntryDraft Report on Open Government Data in India (v2)
http://editors.cis-india.org/openness/publications/ogd-draft-v2
<b></b>
<p>
For more details visit <a href='http://editors.cis-india.org/openness/publications/ogd-draft-v2'>http://editors.cis-india.org/openness/publications/ogd-draft-v2</a>
</p>
No publisherpraneshOpen DataPublicationsOpenness2011-08-23T02:47:22ZFileDesign Public Conclave, 6th Edition
http://editors.cis-india.org/openness/design-public-conclave-6th-edition
<b>The 6th edition of the Design Public Conclave was hosted by Civic Labs, an initiative of the Center for Knowledge Studies, and part of the Vihara Innovation Network, in partnership with Social Innovation Exchange, Okapi, Business World, Business World for Smart Cities, and the Delhi Jal Board.</b>
<p> </p>
<p>This <a href="http://designpublic.in/">edition of the conclave</a> was focused on the challenges and opportunities faced by Indian cities. It sought to explore new mechanisms for integrating collaborative dialogue and problem solving into processes of government and citizen interaction. Participants included individuals from organisations such as Okapi, Hyderabad Urban Labs, Fields of View, Innovation Academy, Hewlett Packard, LIRNEasia, among others.</p>
<p>The conclave began with a round of light yoga before moving into the introductory session. Namit Arora, a member of the Delhi Dialogue Commission, who gave the opening remarks introduced some of the subjects to be discussed and raised issues of citizen engagement, massive migration, pollution, unplanned growth, housing, water and power shortage, social problems like sectarianism and crime as some of the challenges faced in civic innovation. He stressed the lack of engagement between public and private parties and the issue of having no sense of commons in civic life in India.</p>
<h2>What is Civic Innovation?</h2>
<p>The first panel titled “What is civic innovation?” comprised Diastika Rahwidiati from Pulse Lab, Pavan Srinath from Takshashila Institution, Sriganesh Lokanathan from LIRNEasia and Aditya Dev Sood from Vihara Innovation Network. Pavan raised questions about how more people can be involved in civic issues, and spoke about the training program for public governance run by the Takshashila Institution as a means towards that. He also shared the example of Bangalore Political Action Committee, a citizen’s collective that includes several eminent personalities from the city that aims to improve the quality of life in the city. The panel continued to discuss how technology can be harnessed for social activism, and how the data revolution and data sciences can be used for civic innovation. Questions were asked about whether digital activism, such as civic hackathons, is not just a passing fad. A lot of solutions that are only technological in nature, can be misinformed, and so it is essential that other actors are involved along with technologists.</p>
<h2>The Vision of a Smart City</h2>
<p>Next, Sumit D. Chowdhury from the Ministry of Urban Development, Karuna Gopal from Foundation for Futuristic Cities, Parvathi Menon from Innovation Alchemy, Debashish Rao from HP, Bharath Palavalli from Fields of View and Namrata Mehta from CivicLabs spoke about how smart cities can be built. Parvathi Menon kicked off the conversation by saying that while it is impossible to design smart cities, it is possible to design smart communities. Sumit Chowdhury shared some of the factors that, in his opinion, make a smart city—the creation of scalable infrastructure, transparency in governance, velocity of business and quality of life. A city that can measure itself and use that knowledge to improve itself is a true smart city. Bharat Palavalli chimed in that while technology can make cities more efficient, efficiency can be dangerous. It can become easy to forget who the city is becoming more efficient for. Here, Sumit brought up the example of Shivpur in Maharashtra, where there are water meters in every village, public consciousness about planning and services and timely payment of taxes by citizen to drive the point that smart cities are driven by communities, and technology plays a role in enabling processes and the State in institutionalizing successful solutions. Finally, it was pointed out that under the 100 Smart Cities Initiative, the MoUD does not have a consistent understanding of what smart cities should be.</p>
<h2>Dialogue between Society and State</h2>
<p>This panel was followed by Elizabeth Elson’s keynote talk, “The dialogue between society and the state.” She spoke about the the power struggle between citizens and the government even in the case of technological application about who brings about change. She shared her experiences from the MAMPU programme. She pointed out some issues faced during the programme like too much focus on symptoms without really understanding the underlying causes, the use of intermediaries, creating mutually empowering coalitions. Elizabeth Elson pointed out that the terms, innovation and technology are used interchangeably . She pointed out that this was problematic as all technological solutions were not innovative. Another important issue that she raised was the need for technological intervention make media more accountable to the society. This session was followed by lunch.</p>
<h2>Changing Society and Governments</h2>
<p>The next session was moderated by Sumadro Chattapadhyay of Centre for Internet and Society. This panel included Garima Agarwal from Ashoka Innovators, Bangalore and Maesy Angelina from MAMPU programme, Jakarta. The session focussed on what were the appropriate modes of dialogues between civil society, private sector and government. Maesy Angelina focussed on design thinking as one of key methodologies for social innovation. Garima Agarwal emphasised on the importance of developing empathy as an institution. The panel said that while civil society and private sector could continue to point out the issues to the government, very often there is a failure of the government apparatus in that they do not know how to respond to these issues.</p>
<h2>Civic Tech Demos</h2>
<p>After lunch, there was a small session of brief pitches of examples of civic technological innovations. These include Local Circles, Meri Awaaz, SocialCops, On Track Media and BusBud. The issues that the solutions sought to addressed ranged from citizen engagement, awareness about reproductive issues, MNREGA, public transport and parking. I was reminded of the words of Pia Mancini who felt that she had failed in leveraging technology to solve governance issues as those problems were not technological but cultural. Having said that, a number of the ideas and the desire of use technology to solve social problems were laudable and one hopes to see more applications like these in future.</p>
<h2>Breakout Sessions</h2>
<p>This was followed by three simultaneous breakout sessions on the following topics – 1) Form and Function: Data Protocols for Civic Innovation, 2) Water Management for Improved Urban Health, and 3) Gaming for Decentralized Waste Management. I was part of the group discussing data protocols for civic innovation. Various question were raised with the implications of open data. One of the recurring themes was the question of ownership of data and who had a rightful claim over it. We broke the discussion down into two heads – risks of data and opportunities for governance and solutions. Among risks, we discussed issues such as privacy risks, chilling effects on free speech, reliability of data, profusion of data without clear insights, social profiling and re-identification of anonymised data. We look at different forms and opportunities for governance including licensing and control, cross linking of data silos, clear guidelines on who controls and owns data. The failure of conventional data protection principles like collection limitation and data minimisation principles were also considered and alternate models which involved having hierarchies of different kinds of data based on potential harm through misuse were discussed. After the breakout sessions, each group made a presentation of their observation.</p>
<h2>Concluding</h2>
<p>The final session was on accelerating civic innovation. The panel comprised Kartik Desai from ASHA Impact, Delhi, Nishesh Mehta from Water Co-Lab, Ahmedabad, AIyong Paul Seong from USAID, Delhi, Santosh Singh from World Bank, Delhi and Aditya Dev Sood from Vihara Innovation Network. The discussion was focussed on what kinds of services can have an impact on the way citizens interact with the state. Elizabeth Elson’s keynote on the dialogues between the state and the citizens is also relevant with regard to this discussion. Different actors including citizens, civil society actors, government institutions and industry were discussed as agents who may create the new platforms for interaction. The conclave concluded with dinner and drinks in the lawns of the Vihara Innovation Campus.</p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/openness/design-public-conclave-6th-edition'>http://editors.cis-india.org/openness/design-public-conclave-6th-edition</a>
</p>
No publisheramberOpen DataOpen InnovationOpenness2016-06-18T16:45:05ZBlog EntryData-Driven Journalism, Data Literacy & Open Government — Talk at CIS
http://editors.cis-india.org/openness/data-driven-journalism-data-literacy-and-open-govt
<b>The Open Knowledge Foundation and the Centre for Internet and Society invite you to an informal talk by Lucy Chambers and Laura Newman on 'Data-Driven Journalism, Data Literacy, and Open Government'. </b>
<p style="text-align: justify; ">The Government of India recently passed a policy that requires all departments to start opening up data to the public, and NIC is working towards consolidating this on a single website. This workshop would focus on exchanging information on how such data are used by journalists elsewhere, and what can be done in India to drive journalism using data.</p>
<h3 style="text-align: justify; ">Details</h3>
<p style="text-align: justify; ">The Open Knowledge Foundation is an international not-for-profit with a mission to open up the world's data, build data-literacy and promote evidence-based policy making. Working in 3 broad fields open-government, open research and open cultural heritage the activities of the foundation are focused around projects, working groups and local meetups.</p>
<p style="text-align: justify; ">The talk will be very informal, and focus on Data Journalism (<a class="external-link" href="http://datajournalismhandbook.org/">datajournalismhandbook.org</a>), but will also touch on data management for governments (ckan.org), the teaching of data literacy (<a class="external-link" href="http://schoolofdata.org/">schoolofdata.org</a>) and explaining the meaning of the numbers behind government expenditure (<a class="external-link" href="http://openspending.org/">openspending.org</a>).</p>
<h3 style="text-align: justify; ">More Details</h3>
<p style="text-align: justify; ">The Data Journalism Handbook was born at a 48-hour workshop at MozFest 2011 in London. It subsequently spilled over into an international, collaborative effort involving dozens of data journalism's leading advocates and best practitioners including from the Australian Broadcasting Corporation, the BBC, the Chicago Tribune, Deutsche Welle, the Guardian, the Financial Times, Helsingin Sanomat, La Nacion, the New York Times, ProPublica, the Washington Post, the Texas Tribune, Verdens Gang, Wales Online, Zeit Online and many others. Ms. Chambers was one of the<br />editors of the book.</p>
<h3 style="text-align: justify; ">Additional Links</h3>
<ul>
<li>Data Journalism Handbook - Online Version:<a class="external-link" href="http://bit.ly/Istv8c">http://bit.ly/Istv8c</a></li>
</ul>
<ul>
<li>Examples of data-driven journalism:<a class="external-link" href="http://bit.ly/8KwHR">http://bit.ly/8KwHR</a></li>
</ul>
<ul>
<li>Data-Driven Journalism mailing list:<a class="external-link" href="http://bit.ly/hUOQX3"> http://bit.ly/hUOQX3</a></li>
</ul>
<p>
For more details visit <a href='http://editors.cis-india.org/openness/data-driven-journalism-data-literacy-and-open-govt'>http://editors.cis-india.org/openness/data-driven-journalism-data-literacy-and-open-govt</a>
</p>
No publisherpraneshOpen DataEvent TypeOpenness2012-07-31T06:08:55ZEventConsultation on 'National Geospatial Policy' - Notes and Submission
http://editors.cis-india.org/openness/consultation-on-national-geospatial-policy-03022016
<b>The Department of Science and Technology, Government of India, has constituted a National Expert Committee for developing a draft National Geospatial Policy (NGP) to provide appropriate guidelines for collection, analysis, use, and distribution of geospatial information across India, and to assure data availability, accessibility and quality. A pre-drafting consultation meeting for the NGP was organised in Delhi on February 03, 2016. Ms. Anubha Sinha represented CIS at the meeting, and shares her notes.</b>
<p> </p>
<h3>National Geospatial Policy - Pre-Drafting Consultation Meeting</h3>
<p>Keeping in mind the importance of geospatial data in the context of national development, the Department of Science and Technology, Government of India, has constituted a National Expert Committee for developing a draft National Geospatial Policy (NGP). The Committee is Chaired by Major General Dr. R Siva Kumar, former Head of Natural Resources Data Management System (NRDMS) and CEO of National Spatial Data Infrastructure (NSDI), and Dr. Bhoop Singh, Head of NRDMS and NSDI Division at Department of Science and Technology, as Member Secretary. The Policy aims at providing appropriate guidelines for collection, analysis, use, and distribution of geospatial information across India, and to assure data availability, accessibility and quality.</p>
<p>A pre-drafting consultation meeting for the NGP was organised in Delhi by Dr. Valli Manickam, Professor at the Academic Staff College of India, on February 03, 2016, and CIS was invited to take part in it as the only participant from the civil society. The other participants included representatives from the geospatial industry and industry associations (like FICCI and CII), and Ms. Ranjana Kaul, Partner at Dua Associates. Among the drafting committee members, Major General Dr. R Siva Kumar, Dr. Bhoop Singh, Dr. Sandeep Tripathi (IFS), and Wing Commander Satyam Kushwaha were present.</p>
<p> </p>
<h3>National Geospatial Policy - Concept Note</h3>
<p>The purpose of the meeting was to hear the stakeholders' response to a Concept Note on the NGP, circulated prior to the meeting <strong>[1]</strong>. The Note sets out the principles and concerns of the proposed policy, which plans to guarantee geospatial data availability, accessibility, quality and in consonance with the imperatives of national security and intellectual property rights. The applicability of the policy is aimed at:</p>
<blockquote>all geospatial data created, generated and collected using public funds provided by Central and State Governments and International donor organizations, directly or through authorized agencies.</blockquote>
<p>The note suggests establishment of an "empowered body" to ensure proper creation, updates, management, dissemination, and sharing of the data, and management of an online portal for the same. The institutional mechanism to implement the policy will be composed of an Appellate authority / National High Power Implementation Committee, the NGP Implementation Committee, and the NGP Steering Committee.</p>
<p> </p>
<h3>Notes from the Meeting</h3>
<p>The Welcome Address was delivered by Dr. Bhoop Singh (Head of NRDMS and NSDI Division, DST) who informed the participants that the Expert Committee had already met National Security Council and heard their concerns on the policy. The principles on which the proposed policy is to be based were also shared. The policy resulted from an exercise started two years ago to fix quality and accuracy of geospatial data, which was when it was realised that there were significant gaps that need urgent redressal. It was also identified that in previous initiatives to manage geospatial data at the national level, some data-generating organisations had been left behind. The chief concerns for the Expert Committee are 1) tailoring a policy suited to India's unique security issues, 2) avoiding a blanket open policy that may lead to misuse of low resolution data, 3) heeding restrictions on mapping, considering that 43% of landmass was not represented on maps presently (a probable solution was to do feature based mapping), and 4) clarifying government regulation of drone-based mapping. Security concerns were raised frequently throughout the meeting. The Committee also recognised that for development, data sharing should be made more open. The Committee was keen to have the private industry as a partner in generation of geospatial data.</p>
<p>Private industry representatives agreed with the objectives of the policy and were willing to contribute to geospatial data generation. The Expert Committee mulled over the possibility of creating a Public Private Partnership to cater to data generation. The private industry complained about the lack of efforts in popularising geospatial technologies and making the process of tenders more transparent.</p>
<p>There were suggestions to examine the policies of other jurisdictions facing similar internal security threats as India, and delineating the types of data that could be openly shared (for instance, geospatial data from border regions versus non-border regions). Segregation of restricted and open geospatial data can also be done on the basis of its end-application, such as for military and engineering purposes. Participants also requested the creation of a clear Do's and Don'ts guideline. CIS presented a written submission that raised seven key concerns. These are listed in the section below.</p>
<p>On the question of making an open data policy, it was suggested that the committee needs to decide the fundamental approach of the policy first - whether the policy should be based on prohibition and restriction, or focus on identifying and regulating open and free geospatial. The UN General Assembly document on Principles relating to remote sensing of the Earth from space provides an appropriate international point of reference <strong>[2]</strong>.</p>
<p>After listening to the concerns and comments of the stakeholders, the core committee made the following concluding remarks:</p>
<ul><li>Existing policies of government and defence should be mapped out to avoid conflict or overlap with the proposed NGP policy</li>
<li>The sharing of data vests with government agencies and other organisations recommended by them – there needs to be a transparent mechanism for such recommendation based sharing</li>
<li>Industry should come up with self-regulatory mechanisms, do's and don'ts, and code of conduct</li>
<li>Develop a secure mechanism for providing data on sensitive areas (in terms of national security;</li>
<li>Even the defence agencies sometimes cannot access maps due to policies of the National Remote Sensing Centre and other agencies – such inconsistencies need to be fixed</li></ul>
<p>It was announced that the next consultation will occur in a couple of months, and will be open to the public at large, including representatives of industry, defence, and civil society.</p>
<p> </p>
<h3>Key Concerns about the NGP Concept Note</h3>
<p><strong>1. Complete lack of availability of open geospatial data from Indian government agencies:</strong> No government agency in India publish open geospatial data. While maps are often sold, both in printed and in digital form, they are not provided in a machine-readable open format and under an open license. The concept note towards NGP has made strong commitments towards changing this situation. There is an immediate need to participate in the NGP drafting process, with coordination among various civil society actors interested in open geospatial data, to ensure that these principles are carried into and operationalised in the actual NGP document.</p>
<p><strong>2. Need for explicit and comprehensive set of criteria to determine if a set of geospatial data is sensitive for national security reasons:</strong> In formal and informal conversations with various agencies collecting and creating geospatial data in India, the role played by security agencies in blocking proactive and reactive public disclosure of geospatial data, and even intra-governmental sharing of such data, has been highlighted. Addressing this issue requires development of an explicit and comprehensive list of criteria that will establish a clear and rule-based system for identifying if a specific geospatial data set is to be categorised as “shareable” or “non-shareable.”</p>
<p><strong>3. No clarity regarding legal status of citizen/crowd-sourced geospatial data, and initiatives to generate them:</strong> Open user-contributed geospatial data, especially through the OpenStreetMap platform, has emerged as a key driver of the global geospatial services industry. There is a legal ambiguity created by the National Mapping Policy regarding generation of such data in India, which came into focus when Survey of India filed a case against Google for organising a Mapathon contest, which invited Indian users to add metadata about physical and built features through Google Maps platform.1 The NGP needs to expressly provide legal sanction (and perhaps framework) for citizen/crowd-sourcing of geospatial data.</p>
<p><strong>4. Fragmented institutional structure for collection, management, and distribution of different kinds of geospatial data:</strong> Survey of India, Indian Institute of Remote Sensing, and Indian Space Research Organisation are all key government agencies involved in creating and managing geospatial data. Further, Election Commission of India is involved in preparing geospatial data about electoral units and their boundaries. The National Spatial Data Infrastructure was conceptualised to harmonise and centralise the geospatial data management processes, but is yet to be implemented with the backing of a policy or an Act. The NSDI can be institutionalised via the NGP as the national archive, aggregator, and distributor of open geospatial data, being originally collected and created by a range of government agencies.</p>
<p><strong>5. Integration of National Geospatial Policy with National Data Sharing and Accessibility Policy (NDSAP):</strong> The proactive disclosure of “shareable” geospatial data using open geospatial standards and under open licenses must be carried out under the purview of the NDSAP, and through the open government data platform established through NDSAP. The decisions regarding licensing of open government data, as being discussed by the a committee set up under NDSAP, must also be applicable to open geospatial data that will be published following the instructions of the NGP. Further, instead of multiple online sources of open geospatial data collected by various Indian government agencies, must be identified as the primary and necessary source for publication of open geospatial data.</p>
<p><strong>6. Integration of National Geospatial Policy with Right to Information (RTI) Act:</strong> Geospatial data must be treated as a special category of information under the RTI Act, which necessitates that if an Indian citizen requests for geospatial data from a government agency under the purview of RTI Act, the agency must provide the data in a human-readable and machine-readable open geospatial standard, and not only in the printed format, as key qualities of digital geospatial data can be substantially lost when printed in paper.</p>
<p><strong>7. Need for special infrastructure for management and publication of real-time geospatial (big) data, and governance of the same:</strong> With increasing number of government assets being geo-referenced for the purpose of more effective and real-time management, especially in the transportation sector, the corresponding agencies (which are often not mapping agencies) are acquiring a vast amount of high-velocity geospatial data, which needs to be analysed and (sometimes) published in the real-time. The need for special infrastructure for such data, as well as its governance, has not been discussed in the concept note for NGP, which is a major omission.</p>
<p> </p>
<h3>Endnotes</h3>
<p><strong>[1]</strong> See: <a href="https://github.com/cis-india/website/raw/master/docs/DST_National-Geospatial-Policy_Concept-Note_2016.01.21.pdf">https://github.com/cis-india/website/raw/master/docs/DST_National-Geospatial-Policy_Concept-Note_2016.01.21.pdf</a>.</p>
<p><strong>[2]</strong> UNGA 41/65. Principles Relating to Remote Sensing of the Earth from Space: <a href="http://www.unoosa.org/pdf/gares/ARES_41_65E.pdf">http://www.unoosa.org/pdf/gares/ARES_41_65E.pdf</a>.</p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/openness/consultation-on-national-geospatial-policy-03022016'>http://editors.cis-india.org/openness/consultation-on-national-geospatial-policy-03022016</a>
</p>
No publishersinhaOpen DataOpen Government DataFeaturedGeospatial DataOpennessDigital India2016-03-29T17:03:31ZBlog EntryComments on the Statistical Disclosure Control Report
http://editors.cis-india.org/internet-governance/comments-on-the-statistical-disclosure-control-report
<b>This submission presents comments by the Centre for Internet and Society, India (“CIS”) on the Statistical Disclosure Control Report published on March 30th by Ministry of Statistics and Programme Implementation.
</b>
<p><strong id="docs-internal-guid-a12fe2b3-c746-4c1a-0287-1814414668af"><br /></strong></p>
<h3 style="text-align: justify;" dir="ltr">1. PRELIMINARY</h3>
<p style="text-align: justify;" dir="ltr">This submission presents comments by the Centre for Internet and Society, India (“CIS”) on the Statistical Disclosure Control Report published on March 30th by Ministry of Statistics and Programme Implementation.</p>
<p style="text-align: justify;" dir="ltr">CIS is thankful for the opportunity to put forth its views.<br class="kix-line-break" />This submission is divided into three main parts. The first part, ‘Preliminary’, introduces the document; the second part, ‘About CIS’, is an overview of the organization; and, the third part contains the ‘Comments’.<br class="kix-line-break" /><br class="kix-line-break" /></p>
<h3 style="text-align: justify;" dir="ltr">2. ABOUT CIS</h3>
<p style="text-align: justify;" dir="ltr">CIS is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, freedom of speech and expression, intermediary liability, digital privacy, and cybersecurity.<br class="kix-line-break" /><br /></p>
<p style="text-align: justify;" dir="ltr">CIS values the fundamental principles of justice, equality, freedom and economic development. This submission is consistent with CIS' commitment to these values, the safeguarding of general public interest and the protection of India's national interest at the international level. Accordingly, the comments in this submission aim to further these principles.</p>
<h3 style="text-align: justify;" dir="ltr">3. Comments</h3>
<h4 style="text-align: justify;" dir="ltr">3.1 General Comments</h4>
<p style="text-align: justify;" dir="ltr">As a non-profit organisation we recognize the importance of the efforts by the Ministry of Statistics and Programme Implementation (MoSPI) to make the data you collect available to the public in open formats with relevant information about reliability of statistical estimates.</p>
<p><span style="text-align: justify;">We at CIS have recently released a report titled “Information Security Practices of Aadhaar (or lack thereof): A documentation of public availability of Aadhaar Numbers with sensitive personal financial information”. We encountered several central and state government departments collecting socioeconomic data from citizens, linking it with Aadhaar and even publishing them in exportable data formats like EXCEL and MS ACCESS Databases. </span><span style="text-align: justify;">While we understand this issue primarily concerns to Unique Identification Authority of India (UIDAI), the lack of standards around information/statistical disclosure are a general threat to transparency in a democracy and privacy of individuals. </span><span style="text-align: justify;">Going through the report we understand the committee is unable to prescribe a standard for other ministries and departments until they try and pilot these standards within Ministry of Statistics and Programme Implementation. This delay in prescribing the standards can be really dangerous in the current circumstances of massive data collection by government departments and linking all the databases with a unique identifier, Aadhaar Number. </span><span style="text-align: justify;">At the same time we understand the importance of data dissemination to be carried out and we recommend the following for improving the standards around data disclosure control.</span></p>
<h4 style="text-align: justify;" dir="ltr">3.2 Integrity of Information and Data</h4>
<p style="text-align: justify;" dir="ltr">We agree with the committee that the error rates need to be kept in mind while designing practices to convert raw data. But we request the process of changes being made be actively measured and documented. In case of errors being computed, guidelines can be made to decrease the possibilities of misinterpretation of errors causing loss of integrity of information. Statistics are important for decision making in governance, errors in computations can be biased towards millions of people. Statistical biases are important to be looked into while converting data from its raw format to make sure there are no damage caused by information.</p>
<h4 style="text-align: justify;" dir="ltr">3.3 Data Security</h4>
<p style="text-align: justify;" dir="ltr">One of the important issues around storage and publication of Aadhaar information is the lack of masking standards. With the availability of data from multiple departments, it is possible to reconstruct identification details by linking data from multiple databases. It is recommended to bring masking standards while personally identifiable micro data is being published. There is an urgent need for departments to also look at auditing access to information and tracking sharing of information. It is recommended the department digitally signs all the information and documents being published or shared by them to keep track of who had accessed the information and verifying the authenticity of information.</p>
<p style="text-align: justify;" dir="ltr">We request the department to define what exactly is “usage for statistical purposes only” and recommend standards to control and restrict usage of information for this purpose. It is important they design frameworks or mechanisms to allow others to report violations around this. This process should be transparent and documented heavily.</p>
<h4 style="text-align: justify;" dir="ltr">3.4 Anonymization of microdata</h4>
<p style="text-align: justify;" dir="ltr">We recommend the data being collected be anonymized at source to evade the possibility of the accidental disclosure of personally identifiable information. While the current anonymization efforts have been helpful, with steady increase in data mining and classification algorithms and practices it is recommended to evolve the standards around this area.</p>
<h4 style="text-align: justify;" dir="ltr">3.5 Data Dissemination</h4>
<p style="text-align: justify;" dir="ltr">Data dissemination is an important aspect for district statistics officers, we recommend they actively communicate their work through monthly newsletters, quarterly workshops to help improve the conversations around statistics and at the same time engage with the users who would benefit from the data.</p>
<p style="text-align: justify;" dir="ltr">We also recommend that data when being published includes metadata of collection, modification, storage and other important information. Also the information needs to be published in open formats which does not require proprietary software to be used to open them. At the same time data should be published in multiple formats like CSV, XLS, PDF,</p>
<p style="text-align: justify;" dir="ltr">The committee also recognizes the need for having data users part of discussions around important decisions and be part of committees. We would like the department to recognize our efforts and consider us for future committee representations.</p>
<p style="text-align: justify;" dir="ltr"> </p>
<p style="text-align: justify;" dir="ltr">Thank you for this opportunity and we look forward to work with you in future.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/comments-on-the-statistical-disclosure-control-report'>http://editors.cis-india.org/internet-governance/comments-on-the-statistical-disclosure-control-report</a>
</p>
No publisherSrinivs Kodali and Amber SinhaCall for CommentsDigital AccessOpen DataOpen Government DataData ProtectionData GovernanceAadhaarDigitisationInformation SecurityOpennessInternet GovernanceData Management2019-03-13T00:28:44ZBlog EntryComments on the National Geospatial Policy (Draft, V.1.0), 2016
http://editors.cis-india.org/openness/comments-on-the-national-geospatial-policy-draft-v-1-0-2016
<b>The Department of Science and Technology published the first public draft of the National Geospatial Policy (v.1.0) on May 05, 2016, and invited comments from the public. CIS submitted the following comments in response. The comments were authored by Adya Garg, Anubha Sinha, and Sumandro Chattapadhyay.</b>
<p> </p>
<h2>1. Preliminary</h2>
<p><strong>1.1.</strong> This submission presents comments and recommendations by the Centre for Internet and Society (<strong>"CIS"</strong>) on the proposed draft of the National Geospatial Policy 2016 (<strong>"the draft Policy / the draft NGP"</strong>) <strong>[1]</strong>. This submission is based on Version 1.0 of the draft Policy released by the Department of Science and Technology (<strong>"DST"</strong>) on May 5, 2016.</p>
<p><strong>1.2.</strong> CIS commends the DST under the aegis of the Ministry of Science and Technology, Government of India, for its efforts at seeking inputs from various stakeholders to draft a National Geospatial Policy. CIS is thankful for this opportunity to provide a clause-by-clause submission.</p>
<h2>2. The Centre for Internet and Society</h2>
<p><strong>2.1.</strong> The Centre for Internet and Society, CIS, <strong>[2]</strong> is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfiguration of social processes and structures through the internet and digital media technologies, and vice versa.</p>
<p><strong>2.2.</strong> This submission is consistent with CIS’ commitment to safeguarding general public interest, and the interests and rights of various stakeholders involved. The comments in this submission aim to further the principle of citizens’ right to information, instituting openness-by-default in governmental activities, and the various kinds of public goods that can emerge from greater availability of open (geospatial) data created by both public and private agencies and crucially, by the citizens. The submission is limited to those clauses that most directly have an impact on these principles.</p>
<h2>3. Comments and Recommendations</h2>
<p><em>This section presents comments and recommendations directed at the draft policy as a whole, and in certain places, directed at specific clauses of the draft policy.</em></p>
<p><strong>3.1.</strong> The draft policy should make references to five policies applicable to geospatial data, products, services, and solutions</p>
<p><strong>3.1.1.</strong> CIS observes that the draft policy lists the key policies related to geospatial information and sharing of government data, namely the National Map Policy 2005, the Civil Aviation Requirement 2012, the Remote Sensing Data Policy 2011 and 2012, and the National Data Sharing and Accessibility Policy 2012 (“NDSAP”).</p>
<p><strong>3.1.2.</strong> CIS submits that apart from the policies mentioned above, Geospatial Data,Products, Services and Solutions (“GDPSS”) are also intricately linked to concepts of “open standards,” “open source software,” “open API,” “right to information,” and prohibited places” These concepts are governed by specific acts and policies, and are applicable to geospatial data, as follows:</p>
<ul><li>Adoption of Open Standards: CIS observes that the draft policy captures the importance of open standards in the section 1.4 of the draft policy. It states that “A very high resolution and highly accurate framework to function as a national geospatial standard for all geo-referencing activity through periodically updated National Geospatial Frame [NGF] and National Image Frame [NIF] by ensuring open standards based seamless interoperable geospatial data.”<br /><br />CIS submits that the Policy on Open Standards for e-Governance <strong>[3]</strong> which establishes the Guidelines for usage of open standards to ensure seamless interoperability, and the Implementation Guidelines of the National Data Sharing and Accessibility Policy, 2012 <strong>[4]</strong> listing two key open standards for geospatial data - KML and GML, should be mentioned in the draft policy.<br /><br />CIS recommends that the final version of the NGP embrace open standards as a key principle of all software projects and infrastructures within the purview of the Policy. This is essential for easier sharing and reuse of open (geospatial) data.<br /><br /></li>
<li>Adoption of Open Source Software: The Policy on Adoption of Open Source Software for Government of India states that the “Government of India shall endeavour to adopt Open Source Software in all e-Governance systems implemented by various Government organisations, as a preferred option in comparison to Closed Source Software” <strong>[5]</strong>. As the draft policy proposed to guide the development of GDPSS being developed and implemented both by the Government of India and by other agencies (academic, commercial, and otherwise), it must include an explicit reference and embracing of this mandate for adoption of Open Source Software, for reasons of reducing expenses, avoiding vendor lock-ins, re-usability of software components, enabling public accountability, and greater security of software systems.<br /><br /></li>
<li>Implementation of Open APIs: To actualise the stated principle to “[e]nable promotion, adoption and implementation of emerging / state of the art technologies” as well as to ensure the “[a]vailability of all geospatial data collected through public funded mechanism to all users,” CIS suggests that final version of the NGP must refer to and operationalise the Policy on Open Application Programming Interfaces (APIs) for Government of India <strong>[6]</strong>. This will ensure that the openly available geospatial data is available to the public, as well as to all the government agencies, in a structured digital format that is easy to consume and use on one hand, and is available for various forms of value addition and innovation on the other.<br /><br /></li>
<li>Right to Information Act 2005: The framework for reactive disclosure of information and data collected and held by the Government of India, as well as the basis for proactive disclosure of the same, is enshrined in the Right to Information Act 2005 <strong>[7]</strong>. The draft NGP, CIS proposes, should refer to this Act, and ensure that whenever an Indian citizen request for such government data and/or information that is of geospatial in nature, and the requested data and/or information is both shareable and non-sensitive, the citizen must be provided with the geospatial data and/or information in an open standard and under open license, as applicable.<br /><br /></li>
<li>Refer to Official Secrets Act, 1923: The Official Secrets Act defines “Prohibited Places” and prohibits all activities involving “sketch, plan, model, or note which is calculated to be or might be or is intended to be, directly; or indirectly, useful to an enemy or (c) obtains collects, records or publishes or communicates to any other person any secret official code or password, or any sketch, plan, model, article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy” <strong>[8]</strong>. This provides the fundamental legal basis for regulation, expunging, and stopping circulation of geospatial data containing information about Vulnerable Points and Vulnerable Areas. CIS submits that this Act should be referred to in this context of ensuring non-publication of sensitive geospatial data (that is geospatial data related to Prohibited Places).<br /><br /></li></ul>
<h3>3.2. Grant adequate permissions to the public to re-use geospatial data</h3>
<p><strong>3.2.1.</strong> CIS observes that section 1.4 of the draft policy states that, “Geospatial data of any resolution being disseminated through agencies and service providers, both internationally and nationally be treated as unclassified and made available and accessible by Indian Mapping and imaging agencies.”</p>
<p><strong>3.2.2.</strong> CIS recommends the abovementioned section be broadened to include not only availability and accessibility of geospatial data, but also its re-use. Further, such accessibility, availability and re-use should not be only limited to public and private entities such as Indian mapping and imaging agencies, but as well as to Indian people in general.</p>
<p><strong>3.2.3.</strong> CIS further submits that section 1.4 be revised as “[g]eospatial data of any resolution being disseminated through agencies and service providers, both internationally and nationally be treated as unclassified and made available, accessible, and reusable by Indian mapping and imaging agencies in particular, and by the people of India in general.”</p>
<h3>3.3. Ensure Open Access to shareable and non-sensitive geospatial data</h3>
<p><strong>3.3.1.</strong> CIS observes that the draft policy directs all “geospatial data generating agencies” to classify their data into “open access,” “registered access,” and “restricted access.” The document, however, neither defines “geospatial data generating agencies”, nor does it clarify what conditions the data must satisfy to be classified as one of the three types. Without a listing of such conditions (at least necessary, and not sufficient, conditions), nothing restricts the agencies from classifying all generated geospatial data as “restricted.”</p>
<p><strong>3.3.2.</strong> Further, CIS observes that the draft policy aims to provide geospatial data acquired through public funded mechanism to be made available to the public at free of cost. It is submitted that the policy should not only be made available for free of cost, but it should also be made available in open standard format under an open license.</p>
<p><strong>3.3.3.</strong> As defined in the section 1.3, the National Data Sharing and Accessibility Policy (“NDSAP”) applies to “all shareable non-sensitive data available either in digital or analog forms but generated using public funds” <strong>[9]</strong>. Clearly all shareable <strong>[10]</strong> and non-sensitive <strong>[11]</strong> geospatial data, either in digital or analog forms, and generated using public funds should be proactively disclosed by the government agency concerns in accordance to the NDSAP. CIS recommends that the draft policy makes an explicit reference to NDSAP when discussing the topic of Open Access geospatial data, and re-iterates the mandate of proactive publication of shareable and non-sensitive government data.</p>
<p><strong>3.3.4.</strong> Further, the process for defining an open government data license to be applied to all open government data sets being published under the NDSAP, and through the Open Government Data Platform India, is in progress. Given this, it is absolutely crucial important that the draft NGP takes this into consideration, and mandates that Open Access geospatial data must be published using the open government data license to be defined by the Implementation Guidelines of the NDSAP, when applicable.</p>
<h3>3.4. Lack of clarity regarding the clearances and permits required for data acquisition and dissemination, and the procedures thereof</h3>
<p><strong>3.4.1.</strong> Section 1.8 of the draft policy states that “[a]ll clearances / permits, as necessary, for data acquisition and dissemination be through a single window, online portal. These clearances be provided within a time span of 30 days of filing the online request.” CIS observes that the draft policy does not specify the kind of clearances/permits needed before a public or private entity, or an individual, can undertake acquisition and dissemination of geospatial data. It neither clarifies under what circumstances and conditions application for such clearance / permits would be required for users.</p>
<p><strong>3.4.2.</strong> Since the recently published draft Geospatial Information Regulation Bill (“GIRB”) 2016, directly addresses this topic of clearance / permit required to acquire and share geospatial information <strong>[12]</strong>, it will be effective if the NGP can refer to this Bill and provide an overall governance framework for the same. Further, CIS noted that the time span of 30 days mentioned in the draft policy is inconsistent with the time period specified in the GIRB (which is 90 days).</p>
<p><strong>3.4.3.</strong> CIS recommends that the draft policy also be amended suitably to include the circumstances and conditions under which required permissions shall be issued. Accordingly, the draft policy should reference the standardised and time bound security vetting process envisaged in the GIRB.</p>
<h3>3.5. Clarification Needed regarding “Cybersecurity is to be ensured through … use of Digital Watermarks for authentication of GDPSS”</h3>
<p><strong>3.5.1.</strong> CIS submits that the draft policy does not elaborate on the use of “Digital Watermarks” to ensure cybersecurity, neither it is explained who will authenticate GDPSS, under what conditions, and for what reasons. CIS recommends that the draft policy be amended suitably to specify the same.</p>
<h3>3.6. Remove Classification of Non-Public (at Present) Satellite / Aerial Imagery as Restricted by Default</h3>
<p><strong>3.6.1.</strong> CIS observes that the draft policy recommends that “[s]atellite/aerial images of resolution other than those currently made available on websites” should all be “classified for restricted access.”</p>
<p><strong>3.6.2.</strong> CIS submits that blanket categorisation of all satellite / aerial imagery of resolution that is not currently available through a public website (for whatever reason it might be) as “restricted access” should be re-evaluated, given the immense importance of such imagery to mapping agencies and industry participants using GDPSS.</p>
<p><strong>3.6.3.</strong> CIS recommends that the section be revised to define clear principles for defining satellite /aerial imagery as “open,” “registered,” and “restricted.”</p>
<h3>3.7. Governance of User-contributed Geospatial Data</h3>
<p><strong>3.7.1.</strong> A key resource and feature of contemporary geospatial industry in particular, and the digital economy in general, is the proliferation of user-contributed and user-generated geospatial data and information. CIS observes that this crucial topic, as well as the unique governance concerns that it raises, has not been addressed in the draft policy at all. CIS requests the DST to consider this matter with due attention to the specific nature and values of such user-contributed and user-generated in the digital economy on one hand, and in emergency contexts such as natural disasters on the other, and prepare a framework for its appropriate governance as part of the NGP itself.</p>
<h3>3.8. Protect Geospatial Privacy of Citizens by Defining Sensitive Personal Geospatial Data and Information</h3>
<p><strong>3.8.1.</strong> CIS observes that the draft policy lacks rules for collection, use, storage, and distribution of geospatial data from an individual’s privacy standpoint. Further, neither does the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 address these concerns <strong>[13]</strong>. Section 3 of the Rules define “Sensitive personal data or information”, which do not include geospatial information.</p>
<p><strong>3.8.2.</strong> The argument of violation of constitutional right to privacy was pleaded in a case against Google and other private mapping agencies in 2008 <strong>[14]</strong>. In the judgment, Madras HIgh Court noted that there existed no legislation/guidelines to prohibit mapping programmes from conducting their activities indiscriminately, and the lack of one thereof prevented the Court from injuncting such activities. Thus, there exists a judicial ambiguity on the aspect of collection and use of geospatial data.</p>
<p><strong>3.8.3.</strong> CIS submits that the draft policy may be suitably amended to ensure that collection, processing and dissemination of geospatial information is in consonance with the constitutionally protection of an individual’s privacy.</p>
<h3>3.9. Clarification Needed regarding “Mechanisms to be put in place to evaluate / audit GDPSS creation, consumption and distribution”</h3>
<p><strong>3.9.1.</strong> The draft policy suggests that “mechanisms to be put in place to evaluate/audit GDPSS creation, consumption and distribution” without clarifying the scope, purpose, and purview of this mechanism, and most crucially it does not describe what exactly will be evaluated / audited. CIS submits that this section is revised and expanded.</p>
<p><strong>3.9.2.</strong> The same section also identifies the need for a “framework to be put in place to assess the data collection versus its utilization towards government program and socio-economic development.” CIS observes that this is a very promising and much welcome gesture by the DST, but this section must be developed as a separate and detailed mandate. At the least, the NGP may suggest that a more detailed guideline document regarding this framework will be developed in near future.</p>
<h3>3.10. Data Taxation and Geospatial Cess</h3>
<p><strong>3.10.1.</strong> The draft policy refers to imposition of “data taxation (geospatial cess)” and use of “licensing” of geospatial data to raise money for geospatial activities of the Government of India. CIS is of the opinion will severely affect the geospatial industry in the country in particular, and will raise the monetary barrier to public use of geospatial data and maps in general; and hence must be strictly avoided.</p>
<h3>3.11. Data Dissemination Cell</h3>
<p><strong>3.11.1.</strong> CIS submits that instead of development of a separate Data Dissemination Cell within all government agencies to operationalise the mandate of the NGP, the Chief Data Officers within all government agencies identified under the implementation process of the NDSAP be given this complementary responsibility. This would ensure effective channelisation of human and financial resources to take forward the joint mandate of NGP and NDSAP towards greater public availability and use of (shareable and non-sensitive) government data.</p>
<h3>3.12. Special Infrastructure for Governance, Management, and Publication of Real-time Geospatial Data</h3>
<p><strong>3.12.1.</strong> A key term that the draft policy does not talk about is “big data.” The static or much-slowly-changing geospatial data such as national boundaries and details of Vulnerable Points and Vulnerable Areas are really a very small part of of the global geospatial information. The much larger and crucial part is the real-time (that is continuously produced, stored, analysed, and used in almost real-time) big geospatial data – from geo-referenced tweets, to GPS systems of cars, to mobile phones moving through the cities and regions. Addressing such networked data systems, where all data collected by digital devices can quite easily be born-georeferenced, and the security and privacy concerns that are engendered by them, should be the ultimate purpose of, and challenge for, a future-looking NGP.</p>
<p><strong>3.12.2.</strong> Further, with increasing number of government assets being geo-referenced for the purpose of more effective and real-time management, especially in the transportation sector, the corresponding agencies (which are often not mapping agencies) are acquiring a vast amount of high-velocity geospatial data, which needs to be analysed and (sometimes) published in the real-time. CIS submits a sincere request to DST to highlight the crucial need for special infrastructure for such data, as well as its governance, and identify the key principles concerned in the next version of the draft NGP.</p>
<h3>3.13. Sincere Request for Preparation and Circulation of a Second Public Draft of the National Geospatial Policy</h3>
<p><strong>3.13.1.</strong> CIS commends the DST for publishing the draft policy, and facilitating a consultation process inviting stakeholders and civil society to submit feedback. The NGP envisages to address crucial concepts of privacy, licensing, intellectual property rights, liability, national security, open data, which cut across and impact various technology platforms, industries and the citizens.</p>
<p><strong>3.13.2.</strong> In view of the multifarious issues highlighted that arise at the intersection of various legal and ethical concepts, CIS respectfully requests the DST to conduct another round of consultation after the publication of the second draft of the NGP. Multiple rounds of consultation and feedback would contribute to the robustness of the lawmaking process and ensure that the final policy safeguards the general public interest, and the interests and rights of various stakeholders involved.</p>
<p><strong>3.13.3.</strong> CIS is thankful to DST for the opportunity to provide comments, and would be privileged to provide further assistance on the matter to DST.</p>
<p> </p>
<h2>Endnotes</h2>
<p><strong>[1]</strong> See: <a href="http://www.dst.gov.in/sites/default/files/Draft-NGP-Ver%201%20ammended_05May2016.pdf">http://www.dst.gov.in/sites/default/files/Draft-NGP-Ver%201%20ammended_05May2016.pdf</a>.</p>
<p><strong>[2]</strong> See: <a href="http://cis-india.org/">http://cis-india.org/</a>.</p>
<p><strong>[3]</strong> See: <a href="https://egovstandards.gov.in/sites/default/files/Published%20Documents/Policy_on_Open_Standards_for_e-Governance.pdf">https://egovstandards.gov.in/sites/default/files/Published%20Documents/Policy_on_Open_Standards_for_e-Governance.pdf</a>.</p>
<p><strong>[4]</strong> See: <a href="http://data.gov.in/sites/default/files/NDSAP.pdf">http://data.gov.in/sites/default/files/NDSAP.pdf</a>.</p>
<p><strong>[5]</strong> See: <a href="http://deity.gov.in/sites/upload_files/dit/files/policy_on_adoption_of_oss.pdf">http://deity.gov.in/sites/upload_files/dit/files/policy_on_adoption_of_oss.pdf</a>.</p>
<p><strong>[6]</strong> See: <a href="http://deity.gov.in/sites/upload_files/dit/files/Open_APIs_19May2015.pdf">http://deity.gov.in/sites/upload_files/dit/files/Open_APIs_19May2015.pdf</a>.</p>
<p><strong>[7]</strong> See: <a href="http://rti.gov.in/webactrti.htm">http://rti.gov.in/webactrti.htm</a>.</p>
<p><strong>[8]</strong> See: <a href="http://www.archive.india.gov.in/allimpfrms/allacts/3314.pdf">http://www.archive.india.gov.in/allimpfrms/allacts/3314.pdf</a>, sections 2(d) and 3(b).</p>
<p><strong>[9]</strong> See: <a href="https://data.gov.in/sites/default/files/NDSAP.pdf">https://data.gov.in/sites/default/files/NDSAP.pdf</a>.</p>
<p><strong>[10]</strong> See section 2.11 of NDSAP.</p>
<p><strong>[11]</strong> See section 2.10 of NDSAP.</p>
<p><strong>[12]</strong> See: <a href="http://mha.nic.in/sites/upload_files/mha/files/GeospatialBill_05052016_eve.pdf">http://mha.nic.in/sites/upload_files/mha/files/GeospatialBill_05052016_eve.pdf</a>.</p>
<p><strong>[13]</strong> See: <a href="http://deity.gov.in/sites/upload_files/dit/files/GSR313E_10511%281%29.pdf">http://deity.gov.in/sites/upload_files/dit/files/GSR313E_10511%281%29.pdf</a>.</p>
<p><strong>[14]</strong> J. Mohanraj v (1) Secretary To Government, Delhi; (2) Indian Space Research Organisation, Bangalore; (3) Google India Private Limited, Bangalore, 2008 Indlaw MAD 3562.</p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/openness/comments-on-the-national-geospatial-policy-draft-v-1-0-2016'>http://editors.cis-india.org/openness/comments-on-the-national-geospatial-policy-draft-v-1-0-2016</a>
</p>
No publishersumandroOpen StandardsOpen DataOpen Government DataFeaturedGeospatial DataNational Geospatial PolicyOpenness2016-06-30T09:40:59ZBlog EntryComments on the Draft National Policy on Software Products
http://editors.cis-india.org/internet-governance/blog/comments-on-draft-national-policy-on-software-products
<b>The Centre for Internet & Society submitted public comments to the Department of Electronics & Information Technology (DeitY), Ministry of Information & Communications Technology, Govt. of India on the National Policy of Software
Products on December 9, 2016. </b>
<p> </p>
<h2>I. Preliminary</h2>
<p style="text-align: justify;"><strong>1.</strong> This submission presents comments by the Centre for Internet and Society, India (“<strong>CIS</strong>”) on the Draft National Policy on Software Products <a name="fr1" href="#fn1">[1]</a> (“<strong>draft policy</strong>”), released by the Ministry of Electronics & Information Technology (“<strong>MeitY</strong> ”).</p>
<p style="text-align: justify;"><strong>2.</strong> CIS commends MeitY on its initiative to present a draft policy, and is thankful for the opportunity to put forth its views in this public consultation period.</p>
<p style="text-align: justify;"><strong>3.</strong> This submission is divided into three main parts. The first part, ‘Preliminary’, introduces the document; the second part, ‘About CIS’, is an overview of the organization; and, the third part contains the comments by CIS on the Draft National Policy on Software Products.</p>
<h2>II. About CIS</h2>
<p style="text-align: justify;"><strong>4.</strong> CIS is a non-profit organisation <a name="fr2" href="#fn2">[2]</a> that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, freedom of speech and expression, intermediary liability, digital privacy, and cyber security.</p>
<p style="text-align: justify;"><strong>5.</strong> CIS values the fundamental principles of justice, equality, freedom and economic development. This submission is consistent with CIS' commitment to these values, the safeguarding of general public interest and the protection of India's national interest at the international level. Accordingly, the comments in this submission aim to further these principles.</p>
<h2>III. Comments on the Draft National Policy on Software Products</h2>
<h3><strong>General Comments</strong></h3>
<p style="text-align: justify;"><strong>6.</strong> CIS commends MeitY on its initiative to develop a consolidated National Policy on Software Products. We believe that there are certain salient points in the draft policy that deserve particular appreciation for being in the interest of all stakeholders, especially the public. An indicative list of such points include:</p>
<ol style="text-align: justify;"><li>A focus on aiding digital inclusion via software, especially in the fields of finance, education and healthcare.</li>
<li>The recognition of the need for openness and application of open data principles in the private and public sector. Identifying the need for diversification of the information technology sector into regions outside the developed cities in India.</li>
<li>Identifying the need for innovation and original research in emerging fields such as Internet of Things and Big Data.</li></ol>
<p style="text-align: justify;"><strong>7.</strong> We observe that the draft policy weighs in the favour of creating a thriving digital economy, which indeed is a commendable objective per se. However, there are certain aspects which remain to be addressed by the draft policy, to ensure that the growth of our domestic software industry truly achieves the vision set out in Digital India for better delivery of government services and maximisation of the public interest.</p>
<p style="text-align: justify;"><strong>8.</strong> We submit that the proposed policy should include certain additional guiding principles to direct creation of software and its end-utilisation. These principles would ensure responsible, inclusive, judicious and secure software product life cycle by all the relevant stakeholders, including the industry, the government and especially the public. An indicative list of such principles that we believe should be explicitly included in the policy are:</p>
<ol style="text-align: justify;"><li>Ensuring that internationally accepted principles of privacy are followed in software development and utilisation, including public awareness.</li>
<li>Requiring basic yet sufficient standards of information security to ensure protection of user data at all stages of the software product life cycle.</li>
<li>Enforcing lingual diversity in software to allow for India’s diverse population to operate indigenous software in an inclusive manner.</li>
<li>Mandating minimum standards on accessibility in software creation, procurement and implementation to ensure sustainable use by the differently-abled.</li>
<li>Focusing on transparency & accountability in software procurement for all public funded projects.</li>
<li>Implementing the utilisation of Free and Open Source Software (“<strong>FOSS</strong>”) in the execution of public funded projects as per the mandate of the Policy on Adoption of Open Source Software for Government of India; thereby incentivising the creation of FOSS for use in both private and public sector.</li>
<li>For software to be truly inclusive of the goals of Digital India, it is essential that to provide supports to Indic languages and scripts without yielding an inferior experience or results for the end user in non-English interfaces. Software already deployed should be translated and localised.</li></ol>
<p style="text-align: justify;"><strong>9.</strong> The inclusion of these principles in substantive clauses of the policy will go a long way in ensuring the sustainable and transparent growth of domestic software product ecosystem.</p>
<h3><strong>Specific Comments</strong></h3>
<h4><strong>10.</strong> Development of a robust Electronic Payment Infrastructure</h4>
<p style="text-align: justify;"><strong>10.1.</strong> CIS observes that clauses 5.4 and 6.7 of the draft policy aim to establish a seamless electronic payment infrastructure. We submit that an electronic payment infrastructure should be designed with strong standards of information security, privacy and inclusivity (both accessibility and lingual).</p>
<p style="text-align: justify;"><strong>10.2.</strong> We recommend that the policy mandate minimum standards of information security, privacy and inclusivity in all payment systems across private and public sectors. The policy should, therefore, ideally specify the respective standards for these categories, for instance ISO 27001 and National Policy on Universal Electronics Accessibility <a name="fr3" href="#fn3">[3]</a>, alongside other industry standards for Electronic Payment Infrastructure.</p>
<h4>11. Government Procurement</h4>
<p style="text-align: justify;"><strong>11.1.</strong> CIS observes that clause 6.1 of the draft policy seeks to develop a framework for inclusion of Indian software in government procurement. It is commendable that the draft policy identifies the need for a better framework. CIS notes that the existing procurement procedure allows for usage of Indian software. In fact, the Government e-Marketplace(eGM) already has begun to incorporate some of these principles in general procurement.</p>
<p style="text-align: justify;"><strong>11.2.</strong> Indeed, the presence of a transparent and accountable government procurement, which leverages technology and the internet, is key to ensuring a sustainable and fair market. CIS recommends that the policy refer to these guiding principles to enable the development of a viable cache of Indian software products by creating more avenues, including government procurement.</p>
<h4>12. Incentives for Digital India oriented software</h4>
<p style="text-align: justify;"><strong>12.1.</strong> CIS observes that clause 6.3 of the draft policy incentivises the creation of software addressing the action pillars of the commendable Digital India programme.</p>
<p style="text-align: justify;"><strong>12.2.</strong> For development of superior quality software which will ensure excellent success of the Digital India programme, CIS recommends that the incentives should be provided <em>contingent </em>to the incorporation of certain minimum standards of software development. Such products and services should, <em>inter alia</em>, adhere to the stipulations under National Policy on Universal Electronics Accessibility, the Guidelines for Indian Government Websites, Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, etc. In the process, the software should be subjected to reviews by a neutral entity to gauge the compliance with the abovementioned minimum standards.</p>
<h4>13. Increasing adoption of Open APIs and Open Data</h4>
<p style="text-align: justify;"><strong>13.1.</strong> CIS observes that clause 6.6 of the draft policy promotes the use of open APIs and open data in development of e-government services.</p>
<p style="text-align: justify;"><strong>13.2.</strong> We strongly recommend that open APIs and open data principles be adopted by software used in all government organizations, and non-commercial software . Open Data and Open APIs can serve a vital role in ensuring transparent, accountable and efficient governance, which can be leveraged in a major way within the policy by the public and civil society.</p>
<h4>14. Creation of Enabling Environment for Innovation, R&D, and IP Creation and Protection</h4>
<p style="text-align: justify;"><strong>14.1.</strong> CIS observes that clause 8.1 of the draft policy seeks to create an enabling environment for innovation, R&D, and IP creation and protection.</p>
<p style="text-align: justify;"><strong>14.2.</strong> CIS submits that the existing TRIPS-compliant Indian intellectual property law regime is adequately designed to incentivise creativity and innovation in the area of software development. The Indian Patents Act, 1970 read with the Guidelines for Examination of Computer Related Inventions, 2016 do not permit the patenting of <em>computer programmes per se</em>. Several Indian software developers, notably small and medium sized development companies have made evidence-based submissions to the government previously on the negative impact of software patenting on software innovation <a name="fr4" href="#fn4">[4]</a>.</p>
<p style="text-align: justify;"><strong>14.3.</strong> CIS recommends that the proposed policy re-affirm the adequacy of the Indian intellectual property regime to protect software development, in compliance with the TRIPS Agreement.</p>
<h2>IV. Conclusion</h2>
<p style="text-align: justify;"><strong>15.</strong> CIS commends the MeitY on the development of the draft policy. We strongly urge MeitY to address the issues highlighted above, especially emphasising the incorporation of essential principles such as information security, privacy, accessibility, etc. Adoption of such measures will ensure a fair balance between commercial growth of domestic software industry and the maximisation of public interest.</p>
<hr style="text-align: justify;" />
<p>[<a name="fn1" href="#fr1">1</a>]. National Policy on Software Products (2016, Draft internal v1. 15) available at <a class="external-link" href="http://meity.gov.in/sites/upload_files/dit/files/National%20Policy%20on%20Software%20Products.pdf">http://meity.gov.in/sites/upload_files/dit/files/National%20Policy%20on%20Software%20Products.pdf</a></p>
<p><a class="external-link" href="http://meity.gov.in/sites/upload_files/dit/files/National%20Policy%20on%20Software%20Products.pdf">[</a><a name="fn2" href="#fr2">2</a>]. See The Centre for Internet and Society, available at <a class="external-link" href="http://cis- india.org">http://cis- india.org</a> for details of the organization,and our work.</p>
<p>[<a name="fn3" href="#fr3">3</a>]. See <a class="external-link" href="http://meity.gov.in/sites/upload_files/dit/files/Accessible-format-National%20Policy%20on%20Universal%20Electronics.pdf">http://meity.gov.in/sites/upload_files/dit/files/Accessible-format-National%20Policy%20on%20Universal%20Electronics.pdf</a></p>
<p>[<a name="fn4" href="#fr4">4</a>]. See <a class="external-link" href="http://economictimes.indiatimes.com/articleshow/52159304.cms?utm_source=contentofinterest&amp;utm_me%20dium=text&amp;utm_campaign=cppst">http://economictimes.indiatimes.com/articleshow/52159304.cms?utm_source=contentofinterest&utm_me dium=text&utm_campaign=cppst</a></p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/comments-on-draft-national-policy-on-software-products'>http://editors.cis-india.org/internet-governance/blog/comments-on-draft-national-policy-on-software-products</a>
</p>
No publisherAnubha Sinha, Rohini Lakshané, and Udbhav TiwariOpen StandardsNational Software PolicyOpen SourceOpen DataInternet GovernanceOpenness2016-12-12T14:45:11ZBlog EntryComments on the draft National Data Sharing and Accessibility Policy
http://editors.cis-india.org/openness/blog-old/draft-ndsap-comments
<b>A draft of the 'National Data Sharing and Accessibility Policy', which some hope will be the open data policy of India, was made available for public comments in early May. This is what the Centre for Internet and Society submitted.</b>
<p>These are the comments that we at the Centre for Internet and Society submitted to the National Spatial Data Infrastructure on the draft <a class="external-link" href="http://dst.gov.in/NDSAP.pdf">National Data Sharing and Accessibility Policy</a>.</p>
<h2>Comments on the National Data Sharing and Accessibility Policy by the Centre for Internet and Society</h2>
<p>We would like to begin by noting our appreciation for the forward-thinking nature of the government that is displayed by its pursuit of a policy on sharing of governmental data and enabling its use by citizens. We believe such a policy is a necessity in all administratively and technologically mature democracies. In particular, we applaud the efforts to make this applicable through a negative list of data that shall not be shared rather than a positive list of data that shall be shared, hence making sharing the default position. However, we believe that there are many ways in which this policy can be made even better than it already is.</p>
<h2>1. Name</h2>
<p>We believe that nomenclature of the policy must accurately reflect both the content of the policy as well as prevailing usage of terms. Given that 'accessibility' is generally used to mean accessibility for persons with disabilities, it is advisable to change the name of the policy.</p>
<h3>Recommendation:</h3>
<p>A. We would recommend calling this the "National Open Data Policy" to reflect the nomenclature already established for similar policies in other nations like the UK. In the alternative, it could be called a "National Public Sector Information Reuse Policy". If neither of those are acceptable, then it could be re-titled the "National Data Sharing and Access Policy".</p>
<h2>2. Scope and Enforceability</h2>
<p>It is unclear from the policy what all departments it covers, and whether it is enforceable.</p>
<h3>Recommendation:</h3>
<p>A. This policy should cover the same scope as the Right to Information (RTI) Act: all 'public authorities' as defined under the RTI Act should be covered by this policy.</p>
<p>B. Its enforceability should be made clear by including provisions on consequences of non-compliance.</p>
<h2>3. Categorization</h2>
<p>The rationale for the three-fold categorization is unclear. In particular, it is unclear why the category of 'registered access' exists, and on what basis the categorization into 'open access' and 'registered access' is to be done. If the purpose of registration is to track usage, there are many better ways of doing so without requiring registration.</p>
<h3>Recommendation:</h3>
<p>A. Having three categories of:</p>
<ul><li>Open data</li><li>Partially restricted data</li><li>Restricted data</li></ul>
<p>B. Data that is classified as non-shareable (as per a reading of s.8 and s.9 of RTI Act as informed by the decisions of the Central Information Commission) should be classified as ‘restricted’.</p>
<p>C. The rationale for classifying data as 'open' or 'partially restricted' should be how the data collection body is funded. If it depends primarily on public funds, then the data it outputs should necessarily be made fully open. If it is funded primarily through private fees, then the data may be classified as 'partially restricted'. 'Partially restricted' data may be restricted for non-commercial usage, with registration and/or a licence being required for commercial usage.</p>
<h2>4. Licence</h2>
<p>No licence has been prescribed in the policy for the data. Despite India not allowing for database rights, it still allows for copyright over original literary works, which includes original databases. All governmental works are copyrighted by default in India, just as they are in the UK. To ensure that this policy goes beyond merely providing access to data to ensure that people are able to use that data, it must provide for a conducive copyright licence.</p>
<h3>Recommendation:</h3>
<p>A. The licence that has been created by the UK government (another country in which all governmental works are copyrighted by default) may be referred to: http://www.nationalarchives.gov.uk/doc/open-government-licence/</p>
<p>B. However, the UK needed to draft its own licence because the concept of database rights are recognized in the EU, which is not an issue here in India. Thus, it would be preferable to use the Open Data Commons - Attribution licence:</p>
<p>http://www.opendatacommons.org/licenses/by/</p>
<p>The UK licence is compatible with both the above-mentioned licence as well as with the Creative Commons - Attribution licence, and includes many aspects that are common with Indian law, e.g., bits on usage of governmental emblems, etc.</p>
<h2>5. Integrity of the data</h2>
<p>Currently, there is no way of ensuring that the data that is put out by the data provider is indeed the data that has been downloaded by a citizen.</p>
<h3>Recommendation:</h3>
<p>It is imperative to require data providers to provide integrity checks (via an MD5 hash of the data files, for instance) to ensure that technological corruption of the data can be detected.</p>
<h2>6. Authenticity of the data</h2>
<p>Currently, there is no way of ensuring that the data that is put out by the data provider indeed comes from the data provider.</p>
<h3>Recommendation:</h3>
<p>It is preferable to require data providers to authenticate the data by using a digital signature.</p>
<h2>7. Archival and versioning</h2>
<p>The policy is silent on how long data must be made available.</p>
<h3>Recommendation:</h3>
<p>There must be a system of archival that is prescribed to enable citizens to access older data. Further, a versioning and nomenclature system is required alongside the metadata to ensure that citizens know the period that the data pertains to, and have access to the latest data by default.</p>
<h2>8. Open standards</h2>
<p>While the document does mention standards-compliance, it is preferable to require open standards to the greatest extent possible, and require that the data that is put out be compliant with the Interoperability Framework for e-Governance (IFEG) that the government is currently in the process of drafting and finalizing.</p>
<h3>Recommendation:</h3>
<p>A. The policy should reference the National Open Standards Policy that was finalised by the Department of Information Technology in November 2010, as well as to the IFEG.</p>
<p>B. The data should be made available, insofar as possible, in structured documents with semantic markup, which allows for intelligent querying of the content of the document itself. Before settling upon a usage-specific semantic markup schema, well-established XML schemas should be examined for their suitability and used wherever appropriate. It must be ensured that the metadata are also in a standardized and documented format.</p>
<h2>9. Citizen interaction</h2>
<p>One of the most notable failings of other governments' data stores has been the fact that they don't have adequate interaction with the citizen projects that emerge from that data. For instance, it is sometimes seen that citizens may point out flaws in the data put out by the government. At other times, citizens may create very useful and interesting projects on the basis of the data made public by the government.</p>
<h3>Recommendation:</h3>
<p>A. The government's primary datastore (data.gov.in) should catalogue such citizen projects, including open and documented APIs that the have been made available for easy access to that data.</p>
<p>B. Additionally the primary datastore should act as a conduit for citizen's comments and corrections to the data provider. Data providers should be required to take efforts to keep the data up-to-date.</p>
<p>C. Multiple forms of access should preferably be provided to data, to allow non-technical users interactive use of the data through the Web.</p>
<h2>10. Principles, including 'Protection of Intellectual Property'</h2>
<p>It is unclear why ‘protection of intellectual property’ is one of the guiding principles of this policy. Only those ideals which are promoted by this policy should be designated as ‘principles’. This policy, insofar as we can see, has no relation whatsoever with protection of intellectual property. The government is not seeking to enforce copyright over the data through this policy. Indeed, it is seeking to encourage the use of public data. Indeed, the RTI Act makes it clear in s.9 that government copyright shall not act as a barrier to access to information.</p>
<p>Given that, it makes no sense to include ‘protection of intellectual property’ amongst the principles guiding this policy. Further, there are some other principles that may be removed without affecting the purpose or aim of this document: ‘legal conformity’ (this is a given since a policy wouldn’t wish to violate laws); ‘formal responsibility’ (‘accountability’ encapsulates this); ‘professionalism’ (‘accountability’ encapsulates this); ‘security’ (this policy isn’t about promoting security, though it needs to take into account security concerns).</p>
<h3>Recommendation:</h3>
<p>A. Remove ‘protection of intellectual property’, ‘legal conformity’, ‘formal responsibility’, ‘professionalism’, and ‘security’ from the list of principles in para 1.2.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/openness/blog-old/draft-ndsap-comments'>http://editors.cis-india.org/openness/blog-old/draft-ndsap-comments</a>
</p>
No publisherpraneshOpen StandardsOpen DataSubmissionsOpenness2011-08-24T06:32:55ZBlog EntryCivic Hacking Workshop
http://editors.cis-india.org/openness/blog-old/civic-hacking-workshop
<b>CIS, with the UK Government's Foreign Office and the Cabinet Office Team for Digital Engagement, and Google India, is organizing a workshop on open data (or the lack thereof) and 'civic hacking'.</b>
<p>The UK Government's Foreign Office and the Cabinet Office Team for Digital Engagement, Google India and the Centre for Internet and Society, Bangalore are organizing a 'Civic Hacking Workshop' on Wednesday, July 28, 2010, bringing together civic-minded technologists who've been working with governmental data in India and Britain.</p>
<p>The workshop will discuss the problems of obtaining data, especially in India, the technological solutions that these various groups have encountered, the difficulties of technology as a mass-based civic solution, and the visions that these groups have for a more engaged civil society and the contributions they seek to make to the public.</p>
<p> </p>
<p>The people attending are, from India (Bangalore):</p>
<ol><li>Alok Singh (Akshara Foundation)</li><li>Shivangi Desai (Akshara Foundation)</li><li>Arun Ganesh (Geohackers / National Institute of Design)</li><li>A. Pandian (Mapunity)</li><li>Sridhar Raman (Mapunity)</li><li>S. Raghavan Kandala (Mapunity)</li><li>Thejesh GN (Janaagraha / Infosys)</li><li>Sushant Sinha (IndianKanoon.com / Yahoo)</li><li>Vijay Rasquinha (Mahiti)</li><li>P.G. Bhat (SmartVote.in)<br /></li><li>Pranesh Prakash (CIS)</li><li>Raman Jit Singh Chima (Google)</li></ol>
<p><br />And from Britain:</p>
<ol><li>David McCandless (Information Is Beautiful)</li><li>Harry Metcalfe (TellThemWhatYouThink.org / Open Rights Group)</li><li>Tim Green (Democracy Club)</li><li>Edmund von der Burg (YourNextMP)</li><li>Rohan Silva (Special Adviser to the PM)</li></ol>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/openness/blog-old/civic-hacking-workshop'>http://editors.cis-india.org/openness/blog-old/civic-hacking-workshop</a>
</p>
No publisherpraneshOpen DataWorkshopDigital GovernanceOpenness2011-08-23T03:14:03ZBlog EntryCIS Signs MoU with Odia Virtual Academy
http://editors.cis-india.org/a2k/blogs/cis-signs-mou-with-odia-virtual-academy
<b>On October 26, 2018, the Centre for Internet and Society (CIS) signed a Memorandum of Understanding with the Odia Virtual Academy (OVA) to work on drafting an open content policy for the state, to promote use of Wikimedia projects by various user types and to ensure sustainability of Wikimedia projects, and to facilitate development of relevant free and open source software projects. This partnership between OVA and CIS will be carried out from December 2018 to November 2019, and we are sharing an overview of the activities and their objectives in this post.</b>
<p style="text-align: justify; ">The internet is increasingly significant as a knowledge repository today. Especially relevant in this context is the online encyclopedia Wikipedia, which contains information on almost every topic under the sun, across many languages spoken globally, and is used extensively all people to seek information and produce knowledge.</p>
<p style="text-align: justify; ">From past one year (since July 2017), The Government of Odisha has been actively participating in the open knowledge movement by publishing the content of their seven websites and eight social media accounts under Creative Commons 4.0 International license. This active collaboration with Government of Odisha and an active Odia Wikimedia community seeking to create and distribute knowledge in Odia language over the internet has resulted in improving 1,200 articles on different Wikimedia projects, and together has received a near about 16 Million page views. Further, the Government of Odisha adopting an open content policy will provide a significant boost in institutionalising creation, sharing, and re-use of open knowledge resources - including government documents, official statistics, open educational resources, and open cultural resources - in Odia language.</p>
<p style="text-align: justify; "><a href="https://ova.gov.in/en/" target="_blank">Odia Virtual Academy (OVA)</a> is an organisation established by Government of Odisha for development, promotion and popularization of Odia language, literature, and lexicography for general use. It is an organised initiative to encourage expeditious evolution and popularisation of Odia books, magazines, journals, old songs, manuscripts, assembly speeches, and archival records by digitising and providing internet based resources and opportunities for all odia people living across the globe.</p>
<p style="text-align: justify; ">On October 26, 2018, the Centre for Internet and Society (CIS) signed a MoU with the Odia Virtual Academy to work on drafting an open content policy for the state, to promote use of Wikimedia projects by various user types and to ensure sustainability of Wikimedia projects, and to facilitate development of relevant free and open source software projects.</p>
<p style="text-align: justify; ">This partnership between OVA and CIS will be carried out from December 2018 to November 2019, and its activities are structured by the following objectives:</p>
<ul>
<li style="text-align: justify; "><b>Open Content Policy for the Government of Odisha:</b> The open content policy will include guidelines for the use of open licenses and open standards to enable the resource (text, resources or otherwise) publishing entity to share resources in a manner that it can be easily and freely be accessed, shared, and re-used by entities, without asking for prior permission, while ensuring that full attribution to the creator/publisher is provided and the resources are not misused, or the creator/publisher is not misrepresented in the process.<br /><br /></li>
<li style="text-align: justify; "><b>Developing Digital and Open Knowledge Resources in Odia Language:</b> The CIS team will undertake awareness-building, training, and outreach activities to develop Odia language content on Wikimedia ecosystem, as well as to enable content creators from across institutions, with a focus on state government officials at district headquarters and college students. The broad mandate of the digital resource generation workshop is to introduce teachers, students, and interested citizens to tools of collaborative knowledge production on the internet and methods for generating new online content or reintroduce offline content in Odia language.<br /><br /></li>
<li style="text-align: justify; "><b>‘Revive Odia’ Activities:</b> Odia as a language has a long tradition and has been medium of expression for the native speakers of Odisha. While Odia as a language of communication is not under any immediate threat, its role and responsibility as a language of Knowledge needs to be examined carefully. ‘Revive Odia’ activities have a simple objective: <i>To bring Odia under limelight in the digital domain</i>. Wikimedia projects in Odia language are working actively to increase the presence of Odia language on the Internet. If such projects can be supported new projects can be incubated, Odia will emerge as the language of knowledge production and distribution as well.<br /><br /></li>
<li style="text-align: justify; "><b>GLAM (Galleries, Libraries, Archives, and Museums) Partnerships:</b> Wikimedia ecosystem offer several platforms for using the power and opportunities of internet to (digitally) preserve, enable access to, and creative re-use of historical, cultural, and social artefacts, and channel the expertise of local populations to build narratives around these artefacts. The CIS team is particularly interested in initiating engagement with public GLAM institutions at various locations and levels, and work with academic and research community to build scientific metadata of these objects. The metadata will be used to represent the tangible and intangible cultural heritage of Odisha in projects such as Wikidata.<br /><br /></li>
<li style="text-align: justify; "><b>Building and Supporting FOSS for Odia Language:</b> To promote and enable usage of Odia language on the web, the CIS team will facilitate development of an Odia font, an input tool, and a spell-check dictionary - all of which will be released as FOSS (Free and Open Source Software) resources.</li>
</ul>
<p>To undertake these activities, CIS will receive a grant of Rs 20,00,000 (~$28,000) from OVA.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/a2k/blogs/cis-signs-mou-with-odia-virtual-academy'>http://editors.cis-india.org/a2k/blogs/cis-signs-mou-with-odia-virtual-academy</a>
</p>
No publishersaileshOpen Educational ResourcesCIS-A2KOpen LicenseAccess to KnowledgeOpen DataWikipediaOpen ContentOdia WikipediaOpen AccessWikimedia2018-12-20T00:24:44ZBlog EntryCBGA - Consultation on Opening Up Access to Budget Data in India (Delhi, January 27)
http://editors.cis-india.org/openness/news/cbga-consultation-on-opening-up-access-to-budget-data-in-india-delhi-jan-27-2017
<b>Open Budgets India, a comprehensive and user-friendly open data portal to provide free, easy, and timely access to relevant data on budgets, has been developed by the Centre for Budget and Governance Accountability (CBGA) in collaboration with a number of other organisations. CBGA is organising a Consultation on “Opening Up the Access to Budget Data in India” on Friday, January 27, 2017, to launch the beta version of the portal. Sumandro Chattapadhyay will be a speaker in the panel discussion that will follow the launch.</b>
<p> </p>
<h4>Venue and time: Juniper Hall, India Habitat Centre (IHC), Lodhi Road, New Delhi, 1:30 pm to 5:00 pm</h4>
<h4>Event details: <a href="http://www.cbgaindia.org/event/2797/" target="_blank">Link</a> (External)</h4>
<h4>Event agenda: <a href="http://editors.cis-india.org/openness/files/cbga-consultation-on-opening-up-access-to-budget-data-in-india-delhi-january-27-agenda/at_download/file">Download</a> (PDF)</h4>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/openness/news/cbga-consultation-on-opening-up-access-to-budget-data-in-india-delhi-jan-27-2017'>http://editors.cis-india.org/openness/news/cbga-consultation-on-opening-up-access-to-budget-data-in-india-delhi-jan-27-2017</a>
</p>
No publishersumandroOpen DataOpen Government DataOpenness2017-01-27T05:45:30ZBlog Entry