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Roundtable Discussion on Intermediary Liability
http://editors.cis-india.org/internet-governance/news/roundtable-discussion-on-intermediary-liability
<b>Tanaya Rajwade participated in a roundtable discussion on intermediary liability organised by SFLC and the Dialogue in New Delhi on October 17, 2019.</b>
<p>Click to view the <a class="external-link" href="http://cis-india.org/internet-governance/files/internet-liability">agenda</a>.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/news/roundtable-discussion-on-intermediary-liability'>http://editors.cis-india.org/internet-governance/news/roundtable-discussion-on-intermediary-liability</a>
</p>
No publisherAdminFreedom of Speech and ExpressionInternet GovernanceIntermediary Liability2019-10-20T07:08:11ZNews ItemDystopia vs development: The Kashmir paradox
http://editors.cis-india.org/internet-governance/news/livemint-asmita-bakshi-october-18-2019-dystopia-vs-development
<b>On 26 July, Azmat Ali Mir, 26, landed in her hometown, Srinagar. A day later, uncertainty and panic gripped the Kashmir valley—the Amarnath yatris (pilgrims) and other tourists were being evacuated, there was heavy military deployment and news reports claimed that there could be a threat to the border.</b>
<p>The article by Asmita Bakshi was <a class="external-link" href="https://www.livemint.com/mint-lounge/features/dystopia-vs-development-the-kashmir-paradox-11571377960811.html">published by Livemint</a> on October 19, 2019. Ambika Tandon was quoted.</p>
<hr />
<p style="text-align: justify; ">But Mir had a lot of work to do—she had events planned as part of her startup Manzar Experience Curators, which promotes Kashmiri art, culture and fashion made and produced locally for audiences outside the state, particularly Bengaluru, where she now lives. “We are so used to things like this, we were like, ‘these things will keep happening, curfew <em>laga denge</em> (they will impose a curfew), that means you need to have ration in your home. But until then, you have to do your work’," Mir tells me over the phone from Bengaluru. “I had very little time, my tickets were already booked for 5 August, there was so much work, I had no time to think. I was going around, signing contracts, getting things done."</p>
<p style="text-align: justify; ">But soon, it became clear that things would be different this time. By August 1, fear and tension had escalated. Rumours of war grew louder, and additional troops were flown in. “The guy who heads the agency that was to help with online promotions for my event said things don’t seem okay and we should wait and see how this goes," says Mir. “Our lives, both personal and professional, are governed around the political calendar of Kashmir."</p>
<p style="text-align: justify; ">Across town, on 26 July, Sheikh Samiullah, 28, from downtown Srinagar was at a café called ZeroBridge Fine Dine along with his team and representatives from the state administration, including deputy commissioner Shahid Choudhary, to launch the Android app for his company FastBeetle. The logistics startup, launched last year by Samiullah and co-founder Abid Rashid Lone, is often called “Kashmir’s Dunzo", and provides door-to-door delivery services for businesses ranging from online grocers and retail commerce to pharmacies and individuals.</p>
<p style="text-align: justify; ">The launch of their iOS app was scheduled for 13 August, the day after Eid. But this had to be cancelled a few days later due to the prevailing situation in the valley. Today, FastBeetle’s operations—which run on the internet—have ceased. “I invested all my savings in this company. For me, it’s not possible to run this again. It is like starting from the beginning. I have a massive liability on my head," Samiullah tells me in Delhi, where he has gone from running a profitable business to being unemployed and now searching for work.</p>
<p style="text-align: justify; ">Over the same period, Qazi Zaid, 30, who runs and edits the news platform Free Press Kashmir, was in overdrive. “As journalists living in Kashmir, we aren’t just reporting the conflict, we are also living the conflict. We are members of the same society," he says. “One of the last stories we did was on the panic—how panic is being manufactured and the standard response of people who are scared and entering panic mode. That’s what happened with us as well." Free Press Kashmir, which is primarily an online news portal, has not published for close to three months. And now Zaid is in the Capital, exploring ways to save his news portal from complete closure and prevent the 15 young journalists he employs from being rendered jobless.</p>
<p style="text-align: justify; ">These young Kashmiris and their organizations have been driven into a state of near-obscurity since 5 August, when the Union government abrogated Article 370 of the Constitution, which granted the state of Jammu and Kashmir its special status, and subsequently sent the valley into a communication blackout. Two and a half months later, only landlines and post-paid mobile services (excluding SMS) have been restored. Internet and data services remain closed.</p>
<p style="text-align: justify; ">With thousands of arrests, instances of violence from both militants and the Armed Forces reported in the international press, the impact of this shutdown has been immense. But it has also inflicted a huge monetary cost. A report in the BBC, published on 8 October, stated that “the Kashmir Chamber of Commerce and Industry estimates the shutdown has already cost the region more than $1.4bn (around ₹9,800 crore), and thousands of jobs have been lost".</p>
<p><strong>Shutting down of startups</strong></p>
<p style="text-align: justify; ">In a region ridden with decades of armed conflict and the presence of the Indian armed forces in large numbers, entrepreneurship is no easy feat. Kashmiris have typically chosen public sector jobs, but the valley’s entrepreneurs agree that over the last decade or so, young and resilient men and women from the valley had been working to change this with online and offline ventures.</p>
<p style="text-align: justify; ">In fact, the startup ecosystem in Kashmir seemed to have been poised for growth. Notably, in September last year, the Jammu and Kashmir Entrepreneurship Development Institute (JKEDI), established by the state government, released the J&K Startup Policy 2018, which aimed to boost the startup ecosystem by granting founders a monthly allowance of up to ₹12,000 for a period of one year during incubation. Recognized startups would be provided with one-time assistance of up to ₹12 Lakh for product research and development, marketing and publicity.</p>
<p style="text-align: justify; ">It was around this time that Samiullah started FastBeetle. He had noticed that though logistics companies existed, they catered largely to big organizations like Amazon. FastBeetle tied up with smaller businesses, including close to 200 women in the valley who were making and selling apparel and other wares on Instagram. “They would have trouble going out every day on multiple deliveries since it is a conservative society," he says. FastBeetle had over 30 merchants within its first month of operations. Over the first five months, they had grown to making 100 deliveries per day, employed a team of six, got an office space and two bikes. In a year, they had generated a positive cash flow despite numerous internet shutdowns imposed in the valley.</p>
<p style="text-align: justify; ">Since August 5, the company has been plunged into what Samiullah believes is an interminable downturn. He estimates monetary losses at approximately ₹15 lakh, not considering the ₹4 lakh he invested in the Android app and another ₹3 lakh on the iOS app that never took off. In the unlikely event that restrictions are lifted immediately and business as usual resumes in the valley, it will cost him another ₹10 lakhs to restart the company.</p>
<p style="text-align: justify; ">Financial losses aside, he says, it is the time and passion he had invested in the business that won’t come back. And his young employees face an uncertain future as well. One of his delivery boys, Arsalan Shabir Bhat, 21, doesn’t know what the future holds both for him or the valley. “The salary of ₹10,000 for me was good, I was satisfied. “<em>Aage ka nahi pata par haalaat bohot kharab hai. Filhaal toh baithe hi hai ghar pe</em> (I don’t know about the future but the current situation is grim. For now, I am sitting at home)," he says.</p>
<p style="text-align: justify; ">Through all this, the state administration and Union government are trying to push the narrative of development. In late September, minister of state for finance and corporate affairs Anurag Thakur, told news outlets: “Our government has taken a historic decision to abrogate Article 370. Now, J&K will witness massive development." Yet, the 33 startups registered with the JKEDI and 70 with the Startup India portal in J&K, among others that run on private funding and bootstrapping models, have been struggling since this decision was taken. Earlier this week, militants attacked two non-local apple traders in the valley, casting doubt on the claim that Kashmir is safe for business.</p>
<p style="text-align: justify; ">It was to assess conflicting claims such as these, by providing an insight into the lives of people in the valley, that Zaid restarted Free Press Kashmir in 2017 (it was previously shut down in 2014), using investments from his family business. “It’s all the more important now. Because authentic voices from Kashmir are not coming out," says Zaid. He says that while the international media focuses on Kashmir from a breaking news perspective and some of the Indian press takes a nationalistic line, human perspectives from the valley largely remained unheard.</p>
<p style="text-align: justify; ">“There was a gap of a human narrative coming out of Kashmir, which we saw and filled," he says. “If we were to relaunch right now, I don’t think there would be a lot of positive stories. There would be stories of struggle, survival, trauma, pain, hardship. That’s what we would be reporting right now."</p>
<p>With a civil curfew reportedly in place in the valley as a means of protest, even businesses that could have provided financial assistance to these startups are not in operation.</p>
<p style="text-align: justify; ">“The economy is so badly hit and it will take another year or two years or more—no idea how long—to recover. Because right now advertisers will take some time to recover as well," says Zaid. “I don’t think we can sustain that long. Our business was at 50% of sustenance and now it’s down to 0. Traffic is down to 0 form 350,000-500,000 hits."</p>
<p style="text-align: justify; ">Some investors like Asmat Ashai, who runs the US-based non-profit organization Funkar International, would provide financial assistance to young Kashmiri artists, nevertheless maintain that the difficult situation will not deter them from providing support. “I will continue to help anyone who asks me for help because we cannot give up and we will not be broken. We will stay the course and save whatever we have in spite of the abrogation of all the articles. That is paperwork. Kashmiris will not be broken."</p>
<p><strong>Lost hope</strong></p>
<p style="text-align: justify; ">According to the Software Freedom Law Foundation, a legal services organization working to protect digital freedom, Kashmir has had the maximum number of internet shutdowns in the country—55, of varying durations and extents, in 2019 alone, and a total of 180 since 2015. This time however, the shutdown was far more severe—all media and communication platforms, including landlines, internet, news publications and certain television services were suspended. “A large majority of businesses today rely on the internet for some part if not all of their function," says Ambika Tandon, policy officer, Centre for Internet and Society (CIS), Bengaluru.</p>
<p style="text-align: justify; ">CIS published a digital book titled <em>Internet Shutdown Stories</em> in May 2018 which tracked how internet blockades impact lives and livelihoods in India. “We collected stories from Internet Service Providers (ISPs) and digital marketing firms in Kashmir that were on the brink of closing down due to the frequency of shutdowns in the valley. The reporters spoke to musicians who used YouTube as a means to earn a livelihood and popularity, and were doubly upset with the effect on their income and their freedom of expression. Given the absence of any public notice before shutdowns, or information regarding the extent and duration of shutdowns, the government definitely has the minimal responsibility of compensating direct losses incurred by those who cannot afford it," says Tandon.</p>
<p style="text-align: justify; ">Take the example of Furqan Qureshi, who set up KartFood, popularly called “Kashmir’s Zomato", when he was still pursuing a commerce degree from Islamia College, Srinagar. He started in 2017 and would take orders on call. Once the response grew, Qureshi had a website and application built. But for two months thereafter, in May and June 2017, there was a clampdown on the internet. “I suffered a loss of close to ₹1.5 lakh and that time I had no investment, but I had employed people and was responsible for them, so I persevered and started again from July. It’s always about working from scratch in Kashmir. Whenever there is a shutdown, you start from zero," he says on the phone from Bengaluru.</p>
<p>Qureshi says they always fought the odds and remained in business through internet shutdowns during which the team, which stood at 25-30 as on 5 August, would call customers and coordinate deliveries on the phone.</p>
<p>This dedication is what eventually resulted in his first round of investment in February 2018, from a local Kashmiri businessman. “I upgraded the app, included more restaurants, added delivery tracking features and was creating jobs."</p>
<p style="text-align: justify; ">Since 5 August, however, not only have communication channels been hit, initially there was complete restriction on movement within the valley. “I had to leave Kashmir around six or seven days after the clampdown, since I live in an area where there was stone-pelting every day and the police was entering homes and picking up boys. My parents were scared and said it was better to go to Bengaluru and stay here," he says, now hoping he can set up a small restaurant in the city, using whatever he has managed to save.</p>
<p>As young entrepreneurs leave, the JKEDI remains hopeful that the startup ecosystem will bounce back once normalcy returns. “I think as soon as the internet starts working again we will push the things here as well, with the policy we are trying to give some incentive to these people, so that we can get these startups back and they can inspire other people to start their own," says Irtif Lone, in-charge, Centre for Innovation Incubation and Business Modelling, JKEDI.</p>
<p style="text-align: justify; ">“It is difficult for people to choose to pursue a startup and these situations make it even tougher. We will be pushing all the startups that have made a mark and are now suffering due to the financial constraints. They will be given an incentive as soon as possible so that none of them are starved for finances."</p>
<p style="text-align: justify; ">But there are doubts about whether such promises can be fulfilled. In any case, it may already be too late. Shayan Nabi, 29, who ran a digital marketing company and had invested in other ventures of his own such as KashmirCalling (to coordinate private carpooling), has given up hope. As he waits for his employees to receive the emails he has sent asking them to look for alternative opportunities, he himself is facing professional uncertainty in Delhi. “I have been very vocal about providing internet freedom in Kashmir. It’s a basic human right. But it always falls on deaf ears." He adds: “I had ideas about making Kashmir digital. But I am sorry, not any more. Not after all the humiliation we have been through."</p>
<p style="text-align: justify; ">The road to recovery from here is paved with crippling debt, unemployment and loss of morale. What was once seen as an act of resilience amidst conflict, has today crumbled due to a State diktat, paradoxically executed with promises of peace and prosperity.</p>
<p style="text-align: justify; ">When Mir finally landed in Bengaluru on the morning of 5 August, she broke down when she finally heard the news. Today, with payments stuck with vendors and Mir’s inability to reach her artisans and wazas (Kashmiri cooks) in the valley, the Manzar website reads, “All verticals of Manzar Experience Curators... are currently unoperational due to the unprecedented lockdown in Kashmir". She fears that her venture, which set out to create conversations about Kashmir around the country, has lost all meaning and purpose. “I am not someone who set out with hate, I set out with love and passion and this idea of changing things," she says.</p>
<p style="text-align: justify; ">“Do you think with the kind of environment that this country has created for a Kashmiri today, I can go out and do what I do? Is it safe for someone like me to take a place somewhere in Bengaluru to open a place that serves authentic Kashmiri food? I am scared it could be burnt down the next day."</p>
<p>The question she now asks herself transcends the uncertainty of business in the valley, and straddles a precariousness both political and personal: “Where do I go from here?"</p>
<p> </p>
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For more details visit <a href='http://editors.cis-india.org/internet-governance/news/livemint-asmita-bakshi-october-18-2019-dystopia-vs-development'>http://editors.cis-india.org/internet-governance/news/livemint-asmita-bakshi-october-18-2019-dystopia-vs-development</a>
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No publisherAsmita BakshiFreedom of Speech and ExpressionInternet Governance2019-10-20T06:31:00ZNews ItemDesigning a Human Rights Impact Assessment for ICANN’s Policy Development Processes
http://editors.cis-india.org/internet-governance/blog/designing-a-human-rights-impact-assessment-for-icann2019s-policy-development-processes
<b>As co-chairs of Cross Community Working Party on Human Rights (CCWP-HR) at International Corporation of Names and Numbers (ICANN), Akriti Bopanna and Collin Kurre executed a Human Rights Impact Assessment for ICANN's processes. It was the first time such an experiment was conducted, and unique because of being a multi-stakeholder attempt. </b>
<p style="text-align: justify; ">This report outlines the iterative research-and-design process carried out between November 2017 and July 2019, focusing on successes and lessons learned in anticipation of the ICANN Board’s long-awaited approval of the Work Stream 2 recommendations on Accountability. The process, findings, and recommendations will be presented by Akriti and Austin at CCWP-HR’s joint session with the Government Advisory Council at ICANN66 in Montreal during 2nd-8th November.</p>
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<p style="text-align: justify; ">Click to download the <a class="external-link" href="http://cis-india.org/internet-governance/files/designing-a-human-rights-impact-assessment-for-icann2019s-policy-development-processes">full research paper here</a>.</p>
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For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/designing-a-human-rights-impact-assessment-for-icann2019s-policy-development-processes'>http://editors.cis-india.org/internet-governance/blog/designing-a-human-rights-impact-assessment-for-icann2019s-policy-development-processes</a>
</p>
No publisherCollin Kure, Akriti Bopanna and Austin RuckstuhlFreedom of Speech and ExpressionInternet Governance2019-10-03T14:43:28ZBlog EntryComparison of the Manila Principles to Draft of The Information Technology [Intermediary Guidelines(Amendment) Rules], 2018
http://editors.cis-india.org/internet-governance/blog/akriti-bopanna-and-gayathri-puthran-comparison-of-manila-principles-to-draft-it-intermediary-guidelines-rules
<b>This paper looks at the Manila Principles intermediary liability framework in comparison to the amended draft Information Technology [Intermediaries Guidelines (Amendment)] Rules, 2018 introduced by the Ministry of Electronics and Information Technology (MeitY) in December, 2018. </b>
<h3>Introduction</h3>
<p style="text-align: justify;">In December 2018, the Ministry of Electronics and Information Technology (MeitY) introduced amendments to the draft Information Technology [Intermediaries Guidelines (Amendment)] Rules, 2018 [“the 2018 Rules”]. The proposed changes ranged from asking intermediaries to proactively filter content using automated technology to prohibiting promotion of substances such as cigarettes and alcohol. In <a class="external-link" href="https://cis-india.org/internet-governance/resources/Intermediary Liability Rules 2018.pdf">CIS's submission</a> to the Government, we highlighted our various concerns with the proposed rules. Building on the same, this paper aims to assess how the new draft rules measure up to the best practices on Intermediary Liability as prescribed in the Manila Principles. These principles were formulated in 2015 by a coalition of civil society groups and experts, including CIS, in order to establish best practice to guide policies pertaining to intermediary liability.</p>
<p style="text-align: justify;">Depending on their function, intermediaries have a varying hand in hosting activism and discourse that are integral to a citizen’s right to freedom of speech and expression. The Manila Principles are an attempt at articulating best practices that lead to the development of intermediary liability regimes which respect human rights.</p>
<p style="text-align: justify;">Consequently, the paper examines the draft rules to assess their compatibility with the Manila Principles. It provides recommendations such that, where needed, the rules are aligned with the aforementioned principles. The assessment is done based on the insight into the rationale of the Manila Principles provided in its Background Paper.</p>
<p style="text-align: justify;"><strong>Disclosure</strong>: CIS is a recipient of research grants from Facebook India. </p>
<hr />
<p style="text-align: justify;">Click to <a class="external-link" href="https://cis-india.org/internet-governance/files/draft-rules-and-manila-principles-1">download</a> the research paper which was edited by Elonnai Hickok and reviewed by Torsha Sarkar.</p>
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For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/akriti-bopanna-and-gayathri-puthran-comparison-of-manila-principles-to-draft-it-intermediary-guidelines-rules'>http://editors.cis-india.org/internet-governance/blog/akriti-bopanna-and-gayathri-puthran-comparison-of-manila-principles-to-draft-it-intermediary-guidelines-rules</a>
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No publisherAkriti Bopanna and Gayatri PuthranFreedom of Speech and ExpressionInternet Governance2020-06-01T07:48:17ZBlog EntryExamining the Constitutionality of the Ban on Broadcast of News by Private FM and Community Radio Stations
http://editors.cis-india.org/internet-governance/blog/nlud-journal-of-legal-studies-september-27-2019-gurshabad-grover-torsha-sarkar-rajashri-seal-neil-trivedi-examining-the-constitutionality-of-ban-on-broadcast-of-news-by-private-fm-and-community-radio-stations
<b>Gurshabad Grover and Torsha Sarkar along with Rajashri Seal and Neil Trivedi co-authored a paper that examined the constitutionality of the government prohibition on the broadcast of news against private and community FM channels.</b>
<p style="text-align: justify; ">In the article, the authors also mapped chronologically the history of the development of community and private radio channels in India. As part of the legal analysis, the authors examined the prohibition on the touchstones of existing Indian jurisprudence on media freedom and speech rights. Finally, they also utilized some key points made by the Additional Solicitor General in the Shreya Singhal case, to propose an alternative regulatory framework that would address both the interests of the radio channels and the government.</p>
<p style="text-align: justify; ">In 1995, the Supreme Court declared airwaves to be public property in the seminal case of The Secretary, Ministry of Information and Broadcasting v Cricket Association of Bengal, and created the stepping stones for liberalization of broadcasting media from government monopoly. Despite this, community radio and private FM channels, in their nearly two decades of existence, have been unable to broadcast their own news content because of the Government’s persisting prohibition on the same.In this paper, we document the historical developments surrounding the issue, and analyse the constitutional validity of this prohibition on the touchstone of the existing jurisprudence on free speech and media freedom. Additionally, we also propose an alternative regulatory framework which would assuage the government’s apprehensions regarding radicalisation through radio spaces, as well as ensure that the autonomy of these stations is not curtailed.</p>
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<p style="text-align: justify; ">Click to download the full paper by NLUD Journal of Legal Studies <a class="external-link" href="http://cis-india.org/internet-governance/files/ban-of-news-on-radio.pdf">here</a>.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/nlud-journal-of-legal-studies-september-27-2019-gurshabad-grover-torsha-sarkar-rajashri-seal-neil-trivedi-examining-the-constitutionality-of-ban-on-broadcast-of-news-by-private-fm-and-community-radio-stations'>http://editors.cis-india.org/internet-governance/blog/nlud-journal-of-legal-studies-september-27-2019-gurshabad-grover-torsha-sarkar-rajashri-seal-neil-trivedi-examining-the-constitutionality-of-ban-on-broadcast-of-news-by-private-fm-and-community-radio-stations</a>
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No publisherGurshabad Grover, Torsha Sarkar, Rajashri Seal and Neil TrivediFreedom of Speech and ExpressionInternet Governance2019-09-27T16:36:46ZBlog EntryKashmir’s information vacuum
http://editors.cis-india.org/internet-governance/blog/the-hindu-august-29-2019-aayush-rathi-and-akriti-bopanna-kashmirs-information-vacuum
<b>Legislative backing is being appropriated to normalise communication shutdowns.</b>
<p class="drop-caps" style="text-align: justify; ">The article by Aayush Rathi and Akriti Bopanna was <a class="external-link" href="https://www.thehindu.com/opinion/op-ed/kashmirs-information-vacuum/article29282096.ece">published in the Hindu</a> on August 29, 2019.</p>
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<p class="drop-caps" style="text-align: justify; ">On August 4, around midnight, <a href="https://www.thehindu.com/tag/134-81/jammu-and-kashmir/?utm=bodytag" target="_blank">Jammu and Kashmir </a>was thrust into a near total communication shutdown. In the continuing aftermath of the dilution of Article 370, cable television, cellular services, landline and Internet and even the postal services have been rendered inoperational. Even hospitals and fire stations have not been spared. While law enforcement personnel have been provided satellite phones, locals are having to queue up outside designated government offices and register the numbers they want to call. The blackout is all encompassing.</p>
<p style="text-align: justify; ">The erstwhile State of Jammu and Kashmir is accustomed to the flicking on of the “Internet killswitch”, but this indiscriminate embargo is unprecedented. The blocking of multi-point/two-way communication is quite frequent in Kashmir, with close to 55 instances of partial or complete Internet shutdowns being recorded just this year. Of the 347 cases of shutdown that have been imposed in India since 2012, 51% have been in Kashmir. The blocking of one-way communication media, such as cable television, however, is new. Even the measures adopted during the Kargil war in 1999 stopped short of blocking telephone lines.</p>
<p style="text-align: justify; ">Appearing for the incumbent government on a petition challenging the communications shutdown in Kashmir, the Attorney General of India, K.K. Venugopal, made the necessary-for-law-and-order argument.</p>
<p style="text-align: justify; ">However, recent research by Jan Rydzak looking exclusively at network shutdowns in India has shown no evidence backing this claim. On the contrary, network shutdowns have been shown to compel actors wanting to engage in collective action to substitute non-violent mobilisation for more violent means as the latter requires less coordination.</p>
<h2 style="text-align: justify; ">In dubious company</h2>
<p style="text-align: justify; ">Network shutdowns have a limited and inconsistent effect on even structured, non-violent protests. Cross-country comparative research indicates that the shutdown of communication for achieving objectives of social control is usually the riposte of authoritarian regimes. The shroud of secrecy it creates allows for further controversial measures to be effected away from public scrutiny. Authoritarian regimes masquerading as liberal democracies are following suit. In 2016, the Turkish government had ordered the shutdown of over 100 media companies in the aftermath of a failed military coup. Earlier this year, Joseph Kabila’s government in the Democratic Republic of Congo had shut down Internet and SMS services for three weeks under the pretext of preventing the circulation of fake election results.</p>
<p style="text-align: justify; ">Mr. Venugopal further reassured the Supreme Court that the residents of Kashmir would experience the least amount of inconvenience. This line assumes that the primary use of telecommunication networks is for supposedly banal interpersonal interaction. What is forgotten is that these networks function both as an “infrastructure” and as medium of communication. Impacting either function has dire and simultaneous consequences on its use as the other. As an infrastructure, they are akin to a public utility and are foundational to the operation of critical systems such as water supply and finance.</p>
<p style="text-align: justify; ">In the Kashmir Valley, over half the business transactions are said to happen online. The payment of wages for the government-run employment guarantee scheme for unskilled manual labour is almost entirely made electronically — 99.56% in Jammu and Kashmir. The reliance on the Internet for bank-related transactions has meant that automated teller machines and banks are inoperative. What is telling is that the increasing recourse to network shutdowns as a law and order tool in India is also happening simultaneously with the government’s digitisation drive. Information flows are being simultaneously facilitated and throttled.</p>
<h2 style="text-align: justify; ">Ambiguous backing</h2>
<p style="text-align: justify; ">Moreover, communication shutdowns have ambiguous legal backing. One approach imposes them as an order passed under Section 144 of the Code of Criminal Procedure. A colonial relic, Section 144 is frequently used for the imposition of curfew in ‘sensitive’ areas as a preventive measure against public demonstrations. This approach lacks procedural accountability and transparency. Orders are not mandated to be publicly notified; they do not identify the duration of the lockdown or envision an appeal mechanism.</p>
<p style="text-align: justify; ">Perhaps realising these challenges, the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, notified under the Telegraph Act, do incorporate a review mechanism. However, reviewing officials do not have the authority to revoke a shutdown order even if it is deemed illegal. The grounds for effectuating any shutdown also have not been elaborated other than for ‘public emergency’ or ‘public safety’ — both these terms are undefined. Legislative backing, then, is being appropriated to normalise, not curb, communication shutdowns. Tellingly, the owner of an Internet service provider in Kashmir pointed out that with Internet shutdowns becoming so common, often the shape that an order takes is of a call from a government official, while the procedural documentation follows much later.</p>
<p style="text-align: justify; ">Treated as collateral damage in imposing communication blackouts are the fundamental freedoms of speech and expression, trade, and also of association. The imposition of Section 144 along with the virtual curfew is designed to restrict the freedom to assemble peacefully. Such preemptive measures assume that any assembly will be violent along with negating the potential utility of technological means in maintaining social order (such as responsible digital journalism checking the spread of rumours).</p>
<p style="text-align: justify; ">Most critically, this enables a complete information vacuum, the only salve from which is information supplied by the suppressor. Of the days leading up to August 5 and the days since, sparse information is publicly available. Local newspaper outlets in Kashmir are inoperational. This lack of information necessarily precludes effective democratic participation. Beneath the national security sentiments, a key motivation for network shutdown presents itself: that of political <a href="https://www.thehindu.com/tag/1351-1349/censorship/?utm=bodytag" target="_blank">censorship </a>through the criminalisation of dissent.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/the-hindu-august-29-2019-aayush-rathi-and-akriti-bopanna-kashmirs-information-vacuum'>http://editors.cis-india.org/internet-governance/blog/the-hindu-august-29-2019-aayush-rathi-and-akriti-bopanna-kashmirs-information-vacuum</a>
</p>
No publisherAayush Rathi and Akriti BopannaFreedom of Speech and ExpressionInternet Governance2019-09-02T04:34:29ZBlog EntryICANN 65 De-briefing Meeting
http://editors.cis-india.org/internet-governance/news/icann-65-de-briefing-meeting
<b>The Indian Council for Research on International Economic Relations (ICRIER) organized an ICANN65 de-briefing meeting on July 16, 2019. Akriti Bopanna remotely presented on the Human Rights related developments that took place at the Marrakech meeting, over the course of the 4 days.
</b>
<p style="text-align: justify; ">Akriti's updates related to Workstream 2 Recommendations on Accountability, the Government Advisory Council's options in incorporating HR in their communication to the Board, their interest in our Human Rights Impact Assessment work and having a high interest session on the same at ICANN66. She also spoke about her contributions to the ICANN Board on their Anti-Harassment Policy along with details on the working group established to discussing the policy.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/news/icann-65-de-briefing-meeting'>http://editors.cis-india.org/internet-governance/news/icann-65-de-briefing-meeting</a>
</p>
No publisherAdminFreedom of Speech and ExpressionICANNInternet Governance2019-07-21T15:02:03ZNews ItemICANN 65
http://editors.cis-india.org/internet-governance/news/icann-65
<b>Akriti Bopanna attended ICANN 65 in Marrakech, Morocco from 24 - 27 June 2019. </b>
<div id="_mcePaste">
<ul>
<li style="text-align: justify; ">Akriti spoke on ICANN and Human Rights at a session organized by the At-Large and Non-Commercial Users Constituency.</li>
<li style="text-align: justify; ">The Government Advisory Council discussed how government representatives can get involved in the Human Rights Impact Assessment work which the working party that she co-chairs on Human Rights at ICANN has been conducting. Akriti spoke on the feasibility of organizing a High Interest Session on Human Rights at ICANN66.</li>
<li style="text-align: justify; ">Akriti participated in a public meeting of ICANN's Board on their Anti-Harassment Policy and my suggestions/remarks on improving the samte were received well.</li>
</ul>
</div>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/news/icann-65'>http://editors.cis-india.org/internet-governance/news/icann-65</a>
</p>
No publisherAdminFreedom of Speech and ExpressionICANNInternet Governance2019-07-06T01:08:36ZNews ItemStockholm Internet Forum 2019
http://editors.cis-india.org/internet-governance/news/stockholm-internet-forum-2019
<b>Swedish International Development Agency (Sida) organized the Stockholm Internet Forum 2019 in Stockholm from 16 - 17 May 2019. Gurshabad Grover was a panelist in the discussion on 'Influencing Internet Governance' co-organised by Article 19. The other panelists were Sylvie Coudray (UNESCO), Grace Githaiga (Kictanet), J. Carlos Lara (Derechos Digitales) and Charles Bradley (GPD). The discussion was moderated by Mallory Knodel (Article 19).</b>
<p style="text-align: justify; ">Gurshabad's <span>primary contributions were around the motivations for civil society </span><span>organisations to participate in technical internet governance fora, and </span><span>how their role has matured at such fora in the last couple of years. Gurshabad extends his thanks to the inputs of Akriti Bopanna and Arindrajit Basu primarily for their contributions </span><span>around the motivations for civil society organisations to participate in technical internet governance fora, and how their role has matured at such fora in the last couple of years.</span></p>
<hr />
<p>Click to <a class="external-link" href="https://www.stockholminternetforum.se/agenda/">view the agenda</a>. See the <a class="external-link" href="http://cis-india.org/internet-governance/files/sif-concept-note">concept note here</a></p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/news/stockholm-internet-forum-2019'>http://editors.cis-india.org/internet-governance/news/stockholm-internet-forum-2019</a>
</p>
No publisherAdminFreedom of Speech and ExpressionInternet GovernancePrivacy2019-06-05T04:15:00ZNews ItemConsilience 2019
http://editors.cis-india.org/internet-governance/news/consilience-2019
<b>The Law and Technology Society at the National Law School of India University, Bangalore organised Consilience on May 25, 2019.</b>
<p style="text-align: justify; ">Gurshabad Grover was a panelist on the discussion on 'Online Content Regulation: Global Perspectives and Solutions'. The other panelists were Jyoti Panday (Telecom Centre of Excellence) and Alok Prasanna Kumar (Vidhi Centre for Legal Policy). The session was moderated by Divij Joshi. Gurshabad's contributions centered around the interplay of content moderation, regulation and competition issues. He also discussed the disharmony between the recommendations of the UN Special Rapporteur on FoE and developing legal norms of regulation. Akriti Bopanna gave her inputs to Gurshabad Grover.</p>
<p> </p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/news/consilience-2019'>http://editors.cis-india.org/internet-governance/news/consilience-2019</a>
</p>
No publisherAdminFreedom of Speech and ExpressionInternet Governance2019-06-05T07:25:08ZNews ItemCIS Response to ICANN's proposed renewal of .org Registry
http://editors.cis-india.org/internet-governance/blog/akriti-bopanna-april-28-2019-cis-response-to-icanns-proposed-renewal-of-org-registry
<b>We thank ICANN for the opportunity to comment on this issue of its proposed renewal of the .org Registry Agreement with the operator, Public Interest Registry (PIR). Supporting much of the community , we too find severe issues with the proposed agreement. These centre around the removal of price caps and imposing obligations being currently deliberated in an ongoing Policy Development Process (PDP). </b>
<h3>Presumption of Renewal</h3>
<p style="text-align: justify; ">CIS has, in the past, questioned the need for a presumption of renewal in registry contracts and it is important to emphasize this <a class="external-link" href="https://cis-india.org/internet-governance/files/why-presumption-of-renewal-is-unsuitable-for-the-current-regi stry-market-structure">within the context of this comment as well</a>. We had, also, asked ICANN for their rationale on having such a practice with reference to their contract with Verisign to which they responded saying:</p>
<p class="callout" style="text-align: justify; ">“Absent countervailing reasons, there is little public benefit, and some significant potential for disruption, in regular changes of a registry operator. In addition, a significant chance of losing the right to operate the registry after a short period creates adverse incentives to <a class="external-link" href="https://cis-india.org/internet-governance/blog/didp-request-20-is-presumptive-renewal-of-verisign2019s-contr acts-a-good-thing">favor short term gain over long term investment</a>.”</p>
<p style="text-align: justify; ">This logic can presumably be applied to the .org registry, as well, yet a re-auction of ,even, legacy top-level domains can only serve to further a fair market, promote competition and ensure that existing registries do not become complacent.</p>
<p style="text-align: justify; ">These views were supported in the course of the PDP on Contractual Conditions - Existing Registries in 2006 wherein competition was seen useful for better pricing, operational performance and contributions to registry infrastructure. It was also noted that most service industries incorporate a presumption of competition as opposed to one of renewal.</p>
<p style="text-align: justify; "><a class="external-link" href="https://cis-india.org/internet-governance/files/response-to-icanns-proposed-renewal-of-org-registry"> </a></p>
<hr />
<p><a class="external-link" href="https://cis-india.org/internet-governance/files/response-to-icanns-proposed-renewal-of-org-registry"> <strong>Download the file</strong></a> to access our full response.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/akriti-bopanna-april-28-2019-cis-response-to-icanns-proposed-renewal-of-org-registry'>http://editors.cis-india.org/internet-governance/blog/akriti-bopanna-april-28-2019-cis-response-to-icanns-proposed-renewal-of-org-registry</a>
</p>
No publisherakritiFreedom of Speech and ExpressionICANNIANAInternet Governance2019-04-28T02:16:40ZBlog EntryTo preserve freedoms online, amend the IT Act
http://editors.cis-india.org/internet-governance/blog/hindustan-times-april-16-2019-gurshabad-grover-to-preserve-freedoms-online-amend-it-act
<b>Look into the mechanisms that allow the government and ISPs to carry out online censorship without accountability.</b>
<p style="text-align: justify; ">The article by Gurshabad Grover was published in the <a class="external-link" href="https://www.hindustantimes.com/analysis/to-preserve-freedoms-online-amend-the-it-act/story-aC0jXUId4gpydJyuoBcJdI.html">Hindustan Times</a> on April 16, 2019.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; ">The issue of blocking of websites and online services in India has gained much deserved traction after internet users reported that popular services like Reddit and Telegram were inaccessible on certain Internet Service Providers (ISPs). The befuddlement of users calls for a look into the mechanisms that allow the government and ISPs to carry out online censorship without accountability.</p>
<p style="text-align: justify; ">Among other things, Section 69A of the Information Technology (IT) Act, which regulates takedown and blocking of online content, allows both government departments and courts to issue directions to ISPs to block websites. Since court orders are in the public domain, it is possible to know this set of blocked websites and URLs. However, the process is much more opaque when it comes to government orders.</p>
<p style="text-align: justify; ">The Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, issued under the Act, detail a process entirely driven through decisions made by executive-appointed officers. Although some scrutiny of such orders is required normally, it can be waived in cases of emergencies. The process does not require judicial sanction, and does not present an opportunity of a fair hearing to the website owner. Notably, the rules also mandate ISPs to maintain all such government requests as confidential, thus making the process and complete list of blocked websites unavailable to the general public.</p>
<p style="text-align: justify; ">In the absence of transparency, we have to rely on a mix of user reports and media reports that carry leaked government documents to get a glimpse into what websites the government is blocking. Civil society efforts to get the entire list of blocked websites have repeatedly failed. In response to the Right to Information (RTI) request filed by the Software Freedom Law Centre India in August 2017, the Ministry of Electronics and IT refused to provide the entire of list of blocked websites citing national security and public order, but only revealed the number of blocked websites: 11,422.</p>
<p style="text-align: justify; ">Unsurprisingly, ISPs do not share this information because of the confidentiality provision in the rules. A 2017 study by the Centre for Internet and Society (CIS) found all five ISPs surveyed refused to share information about website blocking requests. In July 2018, the Bharat Sanchar Nagam Limited rejected the RTI request by CIS which asked for the list of blocked websites.</p>
<p style="text-align: justify; ">The lack of transparency, clear guidelines, and a monitoring mechanism means that there are various forms of arbitrary behaviour by ISPs. First and most importantly, there is no way to ascertain whether a website block has legal backing through a government order because of the aforementioned confidentiality clause. Second, the rules define no technical method for the ISPs to follow to block the website. This results in some ISPs suppressing Domain Name System queries (which translate human-parseable addresses like ‘example.com’ to their network address, ‘93.184.216.34’), or using the Hypertext Transfer Protocol (HTTP) headers to block requests. Third, as has been made clear with recent user reports, users in different regions and telecom circles, but serviced by the same ISP, may be facing a different list of blocked websites. Fourth, when blocking orders are rescinded, there is no way to make sure that ISPs have unblocked the websites. These factors mean that two Indians can have wildly different experiences with online censorship.</p>
<p style="text-align: justify; ">Organisations like the Internet Freedom Foundation have also been pointing out how, if ISPs block websites in a non-transparent way (for example, when there is no information page mentioning a government order presented to users when they attempt to access a blocked website), it constitutes a violation of the net neutrality rules that ISPs are bound to since July 2018.</p>
<p style="text-align: justify; ">While the Supreme Court upheld the legality of the rules in 2015 in Shreya Singhal vs. Union of India, recent events highlight how the opaque processes can have arbitrary and unfair outcomes for users and website owners. The right to access to information and freedom of expression are essential to a liberal democratic order. To preserve these freedoms online, there is a need to amend the rules under the IT Act to replace the current regime with a transparent and fair process that makes the government accountable for its decisions that aim to censor speech on the internet.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/hindustan-times-april-16-2019-gurshabad-grover-to-preserve-freedoms-online-amend-it-act'>http://editors.cis-india.org/internet-governance/blog/hindustan-times-april-16-2019-gurshabad-grover-to-preserve-freedoms-online-amend-it-act</a>
</p>
No publishergurshabadFreedom of Speech and ExpressionIT ActInternet GovernanceInternet Freedom2019-04-16T10:09:41ZBlog EntryDIDP #33 On ICANN's 2012 gTLD round auction fund
http://editors.cis-india.org/internet-governance/blog/akriti-bopanna-april-4-2019-didp-33-on-icann-s-2012-gtld-round-auction-fund
<b>This DIDP was filed to inquire about the state of the funds ICANN received from the last gTLD auctions.
</b>
<p style="text-align: justify; ">In 2012, after years of deliberation ICANN opened the application round for new top level domains and saw over 1930 applications. Since October 2013, delegation of these extensions commenced with it still going on. However, 7 years since the round was open there has been no consensus on how to utilize the funds obtained from the auctions. ICANN until its last meeting was debating on the legal mechanisms/ entities to be created who will decide on the disbursement of these funds. There is no clear information on how those funds have been maintained over the years or its treatments in terms of whether they have been set aside or invested etc. Thus, our DIDP questions ICANN on the status of these funds and can be <a class="external-link" href="http://cis-india.org/internet-governance/files/didp-33">found here</a>.</p>
<p style="text-align: justify; "><span>The response to the DIDP received on 24th April, 2019 states that that even though the request asked for information, rather than documentation, our question was answered. Reiterating that the DIDP mechanism was</span><span> developed to provide documentation rather than information.</span><span> </span><span>It stated that on 25 October 2018, Resolution 2018.10.25.23 was passed that compels the President and CEO to allocate $36 million to the Reserve Fund. The gTLD auction proceeds were allocated to separate investment accounts, and the interest accruing from the proceedings was in accordance with the new gTLD Investment Policy.</span></p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/akriti-bopanna-april-4-2019-didp-33-on-icann-s-2012-gtld-round-auction-fund'>http://editors.cis-india.org/internet-governance/blog/akriti-bopanna-april-4-2019-didp-33-on-icann-s-2012-gtld-round-auction-fund</a>
</p>
No publisherakritiFreedom of Speech and ExpressionICANNInternet Governance2019-07-09T15:51:47ZBlog EntryJust Net Coalition Workshop on Equity and Social Justice in a Digital World
http://editors.cis-india.org/internet-governance/news/just-net-coalition-workshop-on-equity-and-social-justice-in-a-digital-world
<b>Anubha Sinha participated in a JNC workshop organized by Just Net Coalition Workshop on Equity and Social Justice in a Digital World and its partners in Bangkok from March 25 to 27, 2019. </b>
<h3>Background</h3>
<p style="text-align: justify; ">Digital is increasingly the substratum of much of social, economic and political activities, marking the advent of what has been called as the digital society and economy. While it does promise the advancement of human civilisation in many ways – enabling unimagined efficiencies of resource utilisation and new forms of intelligent social and economic organisation and functioning, these gains are not automatic. This is especially so regarding whether the benefits of a digital society and economy will be equitably distributed, or if data enabled pervasive digital intelligence will get employed by the powerful to further entrench their controls over the rest. It is a telling fact that the last decade and half of the rise of the Internet and digital were also the times of one of the fastest ever worsening of inequality worldwide. If the deep social, economic and political troubles currently faced by the world are any evidence, we may not be employing the newly available digitally intelligent means for better management of our societies and economies.</p>
<p style="text-align: justify; ">Governments, that are supposed to ensure appropriate economic distribution and social justice, are completely at a loss with regard to the digital society/economy phenomenon, and leave it to big – mostly global – business to advice and lead them. Even among civil society, while there exist many groups and networks advocating for the very important civil and political rights in a digital era, there is hardly any presence and work related to corresponding economic and social rights and justice. This has resulted in a singular homogeneous global digital economy discourse which is not just hegemonic – as admittedly happens in other areas as well – but also remains almost entirely uncontested, without any alternatives articulated even at its peripheries. It is underpinned by the neoliberal tenets of seamless techno-enabled economic globalisation, open unregulated markets (but actually monopoly corporate controls), and individual merit and personal responsibility. Productivity and inclusion are both sold as assured outcomes of imbibing digital technologies into everything.</p>
<p style="text-align: justify; ">For more info, <a class="external-link" href="https://justnetcoalition.org/2019/Digital_justice_workshop_note.pdf">click here</a></p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/news/just-net-coalition-workshop-on-equity-and-social-justice-in-a-digital-world'>http://editors.cis-india.org/internet-governance/news/just-net-coalition-workshop-on-equity-and-social-justice-in-a-digital-world</a>
</p>
No publisherAdminFreedom of Speech and ExpressionInternet Governance2019-04-05T14:22:07ZNews ItemProposed Intermediary Liability Rules threat to privacy and free speech, global coalition tells MeitY
http://editors.cis-india.org/internet-governance/news/medianama-march-18-2019-zaheer-merchant-proposed-intermediary-liability-rules-threat-privacy-and-free-speech
<b>“We respectfully call on you to withdraw the draft amendments proposed to the Information Technology (Intermediary Guidelines) Rules in December. As published, the draft amendments would erode digital security and undermine the exercise of human rights globally.”</b>
<p style="text-align: justify; ">The blog post by Zaheer Merchant was published by <a class="external-link" href="https://www.medianama.com/2019/03/223-proposed-intermediary-liability-rules-threat-to-privacy-and-free-speech-global-coalition-tells-meity/">Medianama </a>on March 18, 2019.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; ">A global coalition of 31 civil society organizations and technology experts has called on MeitY to reconsider the proposed amendments to the Intermediary Liability Rules, terming them a threat to privacy and free speech. In a letter to the ministry dated March 15, the coalition said that the proposed amendments “would harm fundamental rights and the space for a free internet, without necessarily addressing the problems that the ministry aims to resolve.” Some of the signatories are Centre for Internet and Society, SFLC.in, Internet Freedom Foundation, Government Accountability Project and Human Rights Watch, among others (A copy of the letter is attached at the bottom). The letter breaks down its reasons for opposing the proposed amendments:</p>
<p style="text-align: justify; "><b>1. Traceability would undermine security, lead to surveillance</b></p>
<p style="text-align: justify; ">Under the proposed guidelines, intermediaries would have to ensure ‘traceability’ of messages by providing information related to its originator and receivers. This, the letter argues, would force intermediaries to undermine the security of of their platforms and create a surveillance regime. “Undermining security features to ensure traceability would affect all users of that platform, not just those that are the subjects of the information request,” the letter reads. “… such wide and ambiguous powers… on interception of communications would directly harm the fundamental right to privacy of Indians and facilitate unchecked surveillance.”</p>
<p style="text-align: justify; "><b>2. Data retention antithetical to privacy, must go</b></p>
<p style="text-align: justify; ">The letter also states that the data retention mandate included in the draft guidelines is antithetical to privacy. The guidelines state that intermediaries must preserve content requested by law enforcement for 180 days or longer. This open-ended data retention, the letter argues, contradicts the principle of ‘Storage Limitation’ recommended by the Srikrishna Committee. “Provisions regarding storage limitation and data retention must not be included within the fold of the Intermediary Guidelines, and should be subject to parliamentary law-making,” the letter reads.</p>
<p style="text-align: justify; "><b>3. Proactive monitoring contradicts SC’s Shreya Singhal judgment, would result in censorship</b></p>
<p style="text-align: justify; ">The letter also criticizes the requirement that intermediaries proactively monitor and automatically delete ‘unlawful content’. “[This] would directly conflict with the legal standard laid down by the Supreme Court of India in the Shreya Singhal judgment, which holds that intermediaries should only be legally compelled to take down content on the basis of court orders or legally empowered government agencies,” the letter reads. It could also cause intermediaries to err in favor of takedowns, resulting in unnecessary censorship.</p>
<p style="text-align: justify; ">“With the upcoming General Elections in India and the imposition of the Model Code of Conduct on new policy decisions in place, we urge the government to not push through these amended regulations given their impact on fundamental rights and secure communications,” the letter concludes.</p>
<h2 style="text-align: justify; ">The proposed amendments to Intermediary Liability Rules <b><br /> </b></h2>
<p style="text-align: justify; ">Released at the end of December 2018, the proposed amendments to the Intermediary Guidelines would modify guidelines under the Information Technology Act concerning intermediaries, ostensibly to prevent misuse of social media platforms and check the spread of fake news. Under India’s Information Technology Act, any entity, person or platform that receives, stores, processes, or transmits electronic information on behalf of another is considered an intermediary. These include social media platforms, cloud services, internet service providers, email service providers and more. For an intermediary to avoid liability for its users’ actions, it must comply with the proposed guidelines which are being amended to the following:</p>
<ul style="text-align: justify; ">
<li><b>Traceability, and information within 72 hours:</b> The new rules require platforms to introduce traceability to find where a piece of information originated. For this, platforms may have to break end-to-end encryption. The rules require the intermediary to hand over information or assistance to government bodies in 72 hours, including in matters of security or cybersecurity, and for investigative purposes. [Rule 3(5)]</li>
<li><b>Platforms with more than 50 lakh users are required to be registered</b> under the Companies Act, have a physical address in the country, have a nodal officer who will cooperate with law enforcement agencies, etc. [Rule 3(7)]</li>
<li><b>Platforms have to pull down unlawful content</b> within a shorter duration of 24 hours from the earlier 36 hours. They also have to keep records of the “unlawful activity” for 180 days – double the period of 90 days in the 2011 rules – as required by the court or government agencies [Rule 3(8)]</li>
<li><b>Platforms have to deploy tools</b> to proactively identify, remove and disable public access to unlawful information or content. [Rule 3(9)]</li>
<li><b>The new rules insert a monthly requirement on platforms</b> to inform users of the platforms’ right to terminate usage rights and to remove non-compliant information at their own discretion. [Rule 3(4)]</li>
</ul>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/news/medianama-march-18-2019-zaheer-merchant-proposed-intermediary-liability-rules-threat-privacy-and-free-speech'>http://editors.cis-india.org/internet-governance/news/medianama-march-18-2019-zaheer-merchant-proposed-intermediary-liability-rules-threat-privacy-and-free-speech</a>
</p>
No publisherZaheer MerchantFreedom of Speech and ExpressionInternet GovernancePrivacy2019-03-20T15:56:51ZNews Item