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WhatsApp and Transnational Lower-End Trading Networks
http://editors.cis-india.org/raw/blog_whatsapp-and-transnational-lower-end-trading-networks
<b>This post by Maitrayee Deka is part of the 'Studying Internets in India' series. Maitrayee is a postdoctoral research fellow with the EU FP7 project, P2P value in the Department of Sociology, University of Milan, Italy. Her
broader research interests are New Media, Economic Sociology and Gender and Sexuality. This is the first of Maitrayee's two posts on WhatsApp and networks of commerce and sociality among lower-end traders in Delhi.</b>
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<p>One of the first things that stood out in the Delhi traders’ anonymous bearings was their love for smartphones. In the two mass electronic markets in the city, Lajpat Rai Market and Palika Bazaar, the traders of video games carried varieties of smartphones of different sizes and colours. From iPhones to Samsung Galaxies, the traders vied for the latest gadget available in the market. As a researcher, within a year, I moved from getting an accidental peek into their smartphone screens to a phase when the traders felt comfortable sharing their personal messages with me.</p>
<p>I spend considerable time in Lajpat Rai Market and Palika Bazaar in Delhi between September 2012 and September 2013. I interviewed different traders and had day-to-day conversations with the people coming to their shops. Tracking several events in the shops, I knew the relative time that the traders spent on various activities. I saw on most days the traders divided their time between interacting with consumers and browsing through their smartphones. The traders spent maximum time of their virtual existence by being on <em>WhatsApp</em>. A large part of the goods to local electronic markets in Delhi were coming from China. And increasingly, <em>WhatsApp</em> was becoming an important communication channel managing transnational trade related exchanges.</p>
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<h2>Entry into the <em>WhatsApp</em> World</h2>
<p>When I started visiting Lajpat Rai Market and Palika Bazaar at the end of 2012, I had not installed <em>WhatsApp</em> on my phone. The traders in the different markets were curious to know what was keeping me away from it. They came to a point when they could not anymore see me outside of <em>WhatsApp</em>. I, on the other hand had reservations of being part of a medium that meant continuous contact with the world. When finally I got past my initial doubts, there arose another problem. I could not download <em>WhatsApp</em> on my phone without the server asking for a rental fee of 250 Indian Rupees. After a few days, on being asked the same question again in Palika Bazaar, I told the traders about my problem. Lalit, a trader in Palika Bazaar retorted, ‘That is not possible! We did not pay to install <em>WhatsApp</em> on our phones’. He asked me to pass him my phone. Lalit cracked the security code by getting on to the Palika Bazaar Wi-Fi network and installed <em>WhatsApp</em> on my phone.</p>
<p>It was interesting to see that the traders did not always use legal channels to buy their smartphones and get an Internet connection. Many of the conversations about their smartphones were about where the traders bought their stolen iPhone. There were discussions about how much money different traders paid to get their hands on a used iPhone. They compared the feature and quality of each other’s smartphone. Sometimes even I was asked if I wanted a new cell phone for a good price and if I wanted to sell my old phone. The fascination for smartphones that in the first instance seemed like a fad for a shiny branded product, showed its own complex side. The importance of keeping an expensive phone had its conspicuous side and that explained the fascination of traders for iPhones. However, that was not all. The conspicuous side of the trader was not visible in other dimensions of their being, for instance the clothes they wore. The traders on most days were happy to buy second-hand and knock off goods from the street vendors outside Lajpat Rai Market and Palika Bazaar. The inclination of the traders to carry expensive phones and willingness to try different measure to possess them showed that smartphones were important to the traders.</p>
<p>I tried to understand the inclination of the traders towards their smartphones. One way by which I thought their smartphone usage could become intelligible to me was by locating it in their everyday world. What the traders did on most days and exploring where and how smartphones configured amongst other activities could make its usages noticeable. I observed one of the things that the traders hated in both the markets was to have free time in their hands. The time for chatter meant that they were not doing business. And the possibility of not making enough money made them anxious. The traders were trying to curtail the amount of time they spent on insignificant activities including the need to talk to me. Most of the times, they only entertained me when they did not have consumers in their shops. It was then interesting for me to see the traders’ fascination for their smartphones. The usage of the Internet also ideally carried levels of non-productivity that on other instances made the traders very anxious. It meant that they were not making direct monetary transactions with consumers. Having seen the traders obsessed about making sales, I was unable to place their choice of being on their smartphones in their free time. Soon, this dilemma was cleared. Being on the smartphone did not mean the traders were making social calls. Most of the times when the traders were on their smartphones, they were texting each other on <em>WhatsApp</em>. Eventually, I found out that most of the exchanges on <em>WhatsApp</em> were trade related. The traders not using <em>WhatsApp</em> for pleasure indicated that their activity on the Internet reflected how they are offline. The traders were preoccupied with the prospect of making profit and they did not want to waste any opportunity coming their way. This was the driving force and the source of innovation in the markets. The traders’ smartphone usage also followed the instinct of minimising wastage and find business opportunities in everything they did. The result was to make dominant in the markets another usage of <em>WhatsApp</em> other than its use for social communication: transnational real time trade exchanges.</p>
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<h2><em>WhatsApp</em> and Trading</h2>
<p>Especially in the year’s post 2010, the mass markets of video games in Delhi were in a strange predicament. The heyday of these markets as the sole channels of distribution and acquisition of video games was over. Increasingly, these markets that sold paraphernalia of gaming devices were challenged by the onslaught of online gaming market and gaming franchises in Delhi. In such a situation, many of the traders were trying to find alternative ways to boost up their sales. One of the ways in which these markets were trying to sustain themselves in the face of immense competition was to find niche market of electronic products. The traders in Lajpat Rai Market and Palika Bazaar extended their trading links to China in an effort to get diverse as well as cheap electronic products. The Chinese lower end markets particularly in the Guangdong province became an important supply node of different qualities of video games to the mass markets in Delhi. For each PlayStation Portables in Lajpat Rai Market and Palika Bazaar, there were a number of cheap varieties of ‘Made in China’ handheld games.</p>
<p>All the multiple links with the Chinese lower-end economy that sustained the day-to-day functioning of the Delhi markets depended on continuous communication between the Indian and Chinese traders. This was where <em>WhatsApp</em> took control of the trading scene. Traders used it regularly to communicate with the Chinese traders. In the absence of face-to-face interaction, <em>WhatsApp</em> messages were the only way to initiate business transactions with the Chinese traders. The lack of face-to-face interaction presupposed that trading details were resolved on <em>WhatsApp</em>. There were a large number of to and fro exchanges of messages. As the traders felt comfortable showing me glimpses of their <em>WhatsApp</em> messages, I saw that on a single day hundreds of messages were exchanged even before the real transaction of placing an order and payment details were discussed. Many of the messages were exchanges of images of different varieties of a game that the Indian traders might be interested in. Image after image arrived of video games with their prospective prices. Most of these exchanges were in English. However, at times there were also messages in Cantonese that the traders translated online.</p>
<p><em>WhatsApp</em> therefore, developed as a space where the traders got past their geographical and linguistic gap to successfully communicate and complete business transactions. <em>WhatsApp</em> facilitated messages enabled the markets to get new innovative products into the local market as well as track the complete transaction process.</p>
<p>For individual traders, <em>WhatsApp</em> was the lifeline of their present trade networks. Before the arrival of ‘instant messaging app for smartphone’, most of the links that the traders had with the transnational markets were through individual importers that travelled to Hong Kong, Bangkok and other places in Asia to get games manufactured in Japan and the West. During those days, a trader had to depend on the importers to bring him exclusive products that could be profitable in the local markets. The traders pointed out that the problem with this arrangement was that traders were almost entirely dependent on the importer not only to smuggle new products into the country but also for information. Often the traders knew of new products only with the information they acquired from the importers.</p>
<p>Things changed drastically with the advent of instant messaging especially <em>WhatsApp</em>. Now the traders were only a message away from connecting to their collaborators in China. An individual trader had the possibility to bring new innovative products without relying on others for information and trade negotiations. This increased the possibility for him to have a period of privileged profit before the product got widely popularised in the market. The constant exchanges of samples of video games and accessories were a step towards that. Often the traders kept up with continuous communication with the Chinese traders, as they did not want to miss an opportunity to be the first one to track the next big trend in the market. If the traders felt that they had picked up a product that had the potential of becoming a popular product, they were not hesitant to place huge orders. The traders said that they trusted the work ethics of the Chinese people. However, what also helped the traders to appreciate the Chinese work ethics was their constant tracking of transaction on <em>Whatsapp</em>. Bharat, a trader in Lajpat Rai Market had placed a large order for adaptors of gaming consoles in July 2013. Once when I was visiting his shop, he was messaging with a trader in China to sort out the delay that was occurring in the delivery process. Bharat said to me still texting on <em>WhatsApp</em>, ‘I don’t worry about the Chinese; they are very sincere and trustworthy’.</p>
<p><em>WhatsApp</em> is synonymous with transnational trading alliances in the lower-end markets in Delhi. It has seamlessly merged into the trading environment to the extent that the traders do not consciously reflect on the role it plays in pushing their individual trade forward. It seemed traders lived two parallel lives: one with the local market goers in Delhi and another with the Chinese traders on their smart phones. The individual trader-to-trader exchanges between two countries are unprecedented in history. And with time, the trade networks are becoming denser and wider.</p>
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<p><em>The post is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
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For more details visit <a href='http://editors.cis-india.org/raw/blog_whatsapp-and-transnational-lower-end-trading-networks'>http://editors.cis-india.org/raw/blog_whatsapp-and-transnational-lower-end-trading-networks</a>
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No publisherMaitrayee DekaSocial MediaResearchers at WorkRAW Blog2015-09-13T10:44:15ZBlog EntryWhatsApp and the Creation of a Transnational Sociality
http://editors.cis-india.org/raw/blog_whatsapp-and-the-creation-of-a-transnational-sociality
<b>This post by Maitrayee Deka is part of the 'Studying Internets in India' series. Maitrayee is a postdoctoral research fellow with the EU FP7 project, P2P value in the Department of Sociology, University of Milan, Italy. Her broader research interests are New Media, Economic Sociology and Gender and Sexuality. This is the second of Maitrayee's two posts on WhatsApp and networks of commerce and sociality among lower-end traders in Delhi. </b>
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<p>The beginnings of <em>WhatsApp</em> messages in Lajpat Rai Market and Palika Bazaar with lower-end traders in China were mostly trade related. However, with time, the messages were not just confined to the domain of products and prices. The traders in India started sharing personal messages and images with their counterparts in China. Some of the social exchanges could be interpreted within the gambit of the economy. In other words, these social exchanges in the form of photographs of anime and food developed trust and familiarity that further led to the strengthening of trade ties. However, other social exchanges on <em>WhatsApp</em> could be related to a more personal space whereby traders were binding themselves with Chinese traders in romantic relationships. In 2012 and 2013, the transnational sociality through <em>WhatsApp</em> was at its embryonic stage and showed signs of becoming much more layered in the future.</p>
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<h2>Friendship and Trust</h2>
<p>The traders in Lajpat Rai Market and Palika Bazaar elaborated on how the electronic shops in China were usually managed by polite and pretty women. Women managing the business transactions in China made the Indian traders come in touch with them via <em>WhatsApp</em>. One day at Rakesh’s shop at Palika Bazaar, he was browsing through his <em>WhatsApp</em> messages. He invited me to see some of the messages that he thought were interesting. As I went closer to the screen, I saw images of food, a bowl of soup and salad. Rakesh told me how he had become friends with this particular trader. She was a married woman and had a shop that sold accessories of games in China. Rakesh said over time that they had developed a special relationship. He regarded her as a warm person. He was familiar with her domestic life, her children and how old they were. Their interactions were governed by the exchange of information on everyday activities going on in their lives.</p>
<p>I observed that the trading exchanges were mitigated by various social and personal messages. It appeared that the personal messages were a way to maintain continuity of ties, business and otherwise. Whereas the traders between the two countries might not be doing business with the same set of people everyday, an image of a teddy bear and food acted as an assurance of a lasting relationship. It indicated that even though trade between two persons was temporarily suspended, they were going to revive it in the near future. The exchange of personal messages in between trade activities developed trust and mutual respect. In a physical market place, traders developed special relationship with different people, for instance, with the customers who came to the same shop regularly. These relationships were born out of investment of time and energy on part of the both parties, the traders as well as the customers. In both Palika Bazaar and Lajpat Rai Market, often a trader had a customer who had been visiting his shops since he was a child. The trader knew what his customer did for a living as an adult, how many members his family had and their whereabouts. The same case was true for a customer. He quickly noticed what were the changes that had been made to the physical layout of the shop. The long-term ties were advantageous to both the parties. Usually the customer got a good discount for a product and he also knew that in case of a defect he could easily ask for a replacement. For the trader, a customer was a constant source of income, as he knew that the customer would not choose another trader over him. Rarely, a permanent customer approached another trader in the market.</p>
<p>In the absence of physical proximity between the Chinese and Indian traders, there were few occasions in which the ties of trust based on familiarity could be developed. Simple exchange of trade messages did not build social solidarity. In order for the traders to substitute the strength of physical proximity and face-to-face interaction online, the cute anime were seen to intervene. The exchange of photographs and cartoons indicated that individual traders invested in each other and developed a circle of familiar objects and symbols that generated trust.</p>
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<h2><em>WhatsApp</em> and Movement</h2>
<p><em>Bubo is a fascinating figure in Palika Bazaar. In Govind’s shop, several people had different things to say about Bubo. Some claimed that he was a genius; other told me he was a techno nerd. Some even thought of him as an eccentric person who lacked social skills and etiquettes. Everyone however, unanimously agreed that I should not miss an opportunity to talk to him. Bubo handled the online sales of video games for Govind’s shop. He was responsible for putting up new/ second hand video games and accessories on diverse e-commerce sites in India such as OLX and Flipkart. He had a rented apartment in Pitampura area in New Delhi. Bubo and his brother usually spend days in their apartment in front of their computer screens. The traders in Govind’s shop were of the opinion that Bubo was more comfortable being online than meet people physically. This proved to be true. I on different occasions tried to talk to Bubo. I called him on his phone and he evaded the prospect of meeting me face to face. In the end, I gave up on him, as I did not know how to convince him to have a chat with me. While I personally never met Bubo, I collected information about him from different sources. As the traders at Govind’s shop found him peculiar, they had many things to say about him. They were all impressed by the fact that Bubo self taught himself to be a hacker and got past through many of the website requirements. The online trading networks entailed certain rules. For instance, with relation to the matters of quality of goods, many of the online marketing websites such as Flipkart in India wanted the trader to put up guaranteed products. According to the traders, Bubo was able to find solution to get past the different barriers put up by the big companies. Bubo with his hacking skills was an assent to Govind’s shop. Therefore, it was not surprising to see that throughout the course of my fieldwork, his name kept reappearing. In January 2015, when I went to Govind’s shop, the mythical figure of Bubo came up again. This time I saw his face for the first time on </em>WhatsApp<em> through Govind’s iPhone 5. I learnt that Bubo was in China. He had a new Chinese girlfriend whom he had met through online trading exchanges. As I flipped through the images on Govind’s phone, I saw Bubo dining with his girl friend, meeting her wide circle of friends and family in China.</em></p>
<p>Bubo’s story is an interesting illustration of how the lower-end trading alliances initiated by <em>WhatsApp</em> start to have a life of its own. Bubo was ambitious and wanted to make the most of the opportunities available to him. However, as Govind maintained his relocation to China could not be simply put as a business strategy. Govind recollected that Bubo held a fascination for Chinese women. His move to China therefore was both an attempt to better his economic prospects as well as an attempt at finding romantic love. Bubo was trying hard to teach himself Chinese and if everything worked in his favour, he might end up making a permanent move to China, Govind added.</p>
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<h2>Conclusion</h2>
<p>For many of the users of <em>WhatsApp</em> all over the world, it is difficult to imagine it as a tool for business. We are accustomed to sharing personal messages and images with friends and families living in different parts of the world. Only in recent times, we hear varied usages of <em>WhatsApp</em>: to spread xenophobic messages in closed groups, and organize events and community tasks. Even then, the impersonal usage of <em>WhatsApp</em> is marginal.</p>
<p>In early May 2015, I was part of a meeting of peer-to-peer value creation in Europe. One of the participants spoke about how a <em>Fablab</em> in Madrid was beginning to use <em>WhatsApp</em> to assign community related tasks and operations. It made me realise how the traders in Delhi were one step ahead of all of us. Already in 2013, traders were co-opting <em>WhatsApp</em> to their work sphere. At a time in which high-skilled knowledge workers in Europe are devising community platforms akin to <em>WhatsApp</em>, traders in Delhi saw the potential of it as a social and economic tool much earlier. I was amazed at the pace at which traders submerged themselves in different endeavours. The traders never had a half-hearted relationship with anything, their consumers and the search for profit. The similar merging into the environment was visible through their use of smartphones as well. The traders in Lajpat Rai Market and Palika Bazaar learnt to stay alert surviving in the margins of an urban economy. It had become their second nature to see an opportunity in everything. And this attitude meant that they pushed every situation to its limits. Flirting with laws, selling of contraband and pirated media goods showed that the traders were ready to test the limits of any situation.</p>
<p><em>WhatsApp</em> and trade related texts are an example of thinking out of the box. Even in its early days, <em>WhatsApp</em> facilitated trading links show a lot of potential. The traders from China and India have established profitable business links. Some of them have developed friendship and romantic relationships. Only time will tell to what extent and in which direction trade related ties would evolve. One could only imagine the prospect of long-term dense trading networks with China. With the official players in India and China having strong visions about where the futures of both countries should head, the experimental and out of the box thinking of many of the traders with technology per se gives hope for a more hybrid regime in Asia.</p>
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<p><em>The post is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
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For more details visit <a href='http://editors.cis-india.org/raw/blog_whatsapp-and-the-creation-of-a-transnational-sociality'>http://editors.cis-india.org/raw/blog_whatsapp-and-the-creation-of-a-transnational-sociality</a>
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No publisherMaitrayee DekaSocial MediaResearchers at WorkRAW Blog2015-07-10T04:22:38ZBlog EntryWelcome to r@w blog!
http://editors.cis-india.org/raw/welcome-to-raw-blog
<b>We from the researchers@work programme at the Centre for Internet and Society (CIS) are delighted to announce the launch of our new blog, hosted on Medium. It will feature works by researchers and practitioners working in India and elsewhere at the intersections of internet, digital media, and society; and highlights and materials from ongoing research and events at the researchers@work programme.</b>
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<h4>r@w blog: <a href="https://medium.com/rawblog" target="_blank">Visit</a> (Medium)</h4>
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<h3>A space for reflections on internet and society, r@w blog is also an attempt to facilitate conversations around contemporary debates and foster creative engagement with research and practice through text, images, sounds, videos, code, and other media forms offered by the internet.<br /><br /></h3>
<h3>r@w blog opens with an essay on ‘<a href="https://medium.com/rawblog/information-offline-labour-surveillance-and-activism-in-the-indian-it-ites-industry-903c71567d1a" target="_blank">Information Offline: Labour, Surveillance, and Activism in the Indian IT & ITES Industry</a>’ by Rianka Roy - as part of an <a href="https://cis-india.org/raw/call-for-essays-offline" target="_blank">essay series</a> exploring social, economic, cultural, political, infrastructural, and aesthetic dimensions of the "offline" - and audio recording from a session titled <a href="https://medium.com/rawblog/iloveyou-167665a5145a" target="_blank">#ILoveYou</a> by Dhiren Borisa and Dhrubo Jyoti, which was part of the <a href="https://cis-india.org/raw/irc18" target="_blank">Internet Researchers’ Conference 2018 - #Offline</a>.<br /><br /></h3>
<h3>We will publish our (including commissioned/supported) writings and works on this blog, as well as submitted and compiled materials. Please write to raw[at]cis-india[dot]org to submit your works to be considered for publication. Copyright to all material published on this blog are owned by CIS and author(s) concerned, and they are shared under Creative Commons Attribution 4.0 International license.</h3>
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For more details visit <a href='http://editors.cis-india.org/raw/welcome-to-raw-blog'>http://editors.cis-india.org/raw/welcome-to-raw-blog</a>
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No publishersneha-ppHomepageRAW BlogResearchers at WorkFeaturedInternet Studies2019-01-02T11:48:04ZBlog EntryWar Driving in Lhasa Vegas
http://editors.cis-india.org/raw/blog_war-driving-in-lhasa-vegas
<b>This post by Oxblood Ruffin is part of the 'Studying Internets in India' series. Oxblood Ruffin is a hacktivist and film maker. He joined the CULT OF THE DEAD COW in 1996 as its Foreign Minister. Colonel Ruffin is co-author of the Hacktivismo Enhanced Source Software Licencse Agreement (HESSLA), network curmudgeon, and line cook. He will publish a book on information warfare in 2016. In this essay, Colonel Ruffin traces the history of Internet access in Dharamsala, and the factors at play in shaping it - mundane and maverick, familiar and outlier.</b>
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<h3><em>Monkeys would often climb up the poles to fool around with the routers forcing Yahel to fix a cage around them to make them “monkey-proof”</em><br /> — Eric Brewer</h3>
<h3><em>War is an outmoded concept</em><br /> — Dalai Lama</h3>
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<p><img src="http://editors.cis-india.org/raw/histories-of-the-internet/cisraw_oxbloodruffin_dharamsala.jpeg" alt="Oxblood Ruffin - Dharamsala" title="Oxblood Ruffin - Dharamsala" width="100%" /></p>
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<p>Dharamsala is on the frontline of the Indian internet, fuelled by information activists. Its transition from a sleepy hill station to the residence of the Dalai Lama and the Tibetan government in exile clearly politicised the region. The Tibetan diaspora was its primary network. Information flowed in and out of Dharamsala along conventional means. Students of Buddhism, backpackers, and tourists began to arrive after reading exotic press reports. And then almost overnight everything changed. The internet arrived and with it an explosion of content and possibility. Dharamsala transitioned again.</p>
<p>In 1959 the Dalai Lama (HHDL) escaped from Tibet to India after the Chinese invasion. And estimated six thousand monasteries and temples were destroyed by the Peoples Liberation Army and up to 1.2 million Tibetans - approximately one sixth of the population - were killed or died of starvation after China invaded Tibet in 1950. A large influx of Tibetan refugees followed HHDL which in turn made Dharamsala a popular tourist destination.</p>
<p>It is equally chaotic. Like much of touristic India it is full of shambolic hawkers in pursuit of the gora dollar; Israeli twenties fresh from the military and hot for bhang; American unicorns stinking of patchouli in their first pair of harem pants; and young Punjabi men drowning in beer on the weekends. Dharamsala is all of these things, and it is more. Dharamshala is a Hindi word loosely translated into English as 'spiritual dwelling' or 'sanctuary'.</p>
<p>The region is surrounded by pine forests. The Dalai Lama’s residence in McLeod Ganj and the headquarters of the Central Tibetan Administration (the Tibetan government in exile, or CTA) are also located in Dharamsala. Some folks from Delhi have remarked that when they’re in McLeod Ganj they have the feeling that they aren’t in India. Much of the architecture is in the Tibetan style and the diversity of town-life is atypical. The local Gaddi [tribal] community is supplemented by Kashmiri merchants and Tibetan vendors. Then there is the steady stream of tourists from every point on earth; many having come to study Tibetan culture and Buddhism. Even though HHDL arrived in this mountain town ten years before the first nodes of the internet were deployed, Dharamsala had become a hotbed of activism waiting to connect.</p>
<p>In the earliest days campaigning was contained within the Tibetan community, and the bustling Dharamsala of today had yet to emerge. But over time, year by year, volunteers from the outside would drift through. Most would work for a few weeks or a few months. Some would never leave. Networks were formed and the technologies of those times were worked overtime. Printing presses, fax machines, photocopiers, tape recorders, photography and, film. Everything was used to get the Tibetan message out, and all of these technologies were used to preserve Tibetan culture in ways that were forbidden in Chinese occupied Tibet. And steadily another technology was developing. The internet.</p>
<p>In 1986 the Education and Research Network (ERNET) was initiated by the Department of Electronics and transmitted India’s first email exchange. But email had rapidly been flourishing years before on military and university networks in the West. The push came from the outside to get Dharamsala on the internet and to think about email as an emerging communications alternative. In 1989 Indira Singh - a New York based computer consultant - envisioned a globally connected Dharamsala. And at the same time Thubten Samdup - a Tibetan living in Montreal - was wrestling with the problem of how to bring communication costs down. Ms. Singh sent the first email message over an ad-hoc telephone connection from Dharamsala to the Office of Tibet in New York.</p>
<p>“Hello from Dharamsala”, it said.</p>
<p>It did not take long to convince officials from the CTA that email and the internet were the future of communications from Dharamsala. While discussions of the technology caused many eyes to glaze over the economics did not: email was cheaper and faster than regular mail. The sell was that simple. Not to mention that Tibetan activists in North America and Europe were already using email. Thubten Samdup founded World Tibet Network News (WTN) on Usenet in 1992; and established eleven different listservs in different languages serving various verticals in the Tibetan diaspora. Although the internet existed in India at the time, it was rather rarefied. Research institutes and military networks primarily in urban centres formed the earliest nodes. The further and mountainous reaches of Dharamsala were not on the drawing board, until they were pushed onto the internet from the outside. In 1993 the International Centre for Human Rights and International Development in Montreal donated fifteen thousand dollars to buy three computers and set up email service for the CTA.</p>
<p>Other developments followed apace.</p>
<p>Back in 1989 when Ms. Singh first contemplated an interconnected Dharamsala another computer scientist was sorting out his own vision. Sir Tim Berners-Lee was fiddling with what was to become the World Wide Web. He released the code to the public on Christmas day 1990, and with that the seeds to the mainstreaming of the internet were planted. In 1995 the dial-up internet was introduced for the public in six major cities in India by VSNL. Dharamsala was not included in the rollout, but technical experts in the CTA had been quietly working behind the scenes. In cooperation with North American hackers the CTA’s official Website Tibet.net was launched in 1996 under the stewardship of Thubten Samdup. That same year Sabeer Bhatia, a U.S. based engineer from Bangalore released Hotmail, a free Web email service that garnered 100,000 Indian subscribers within the first three weeks.</p>
<p>The following year five Bay Area technical experts under the supervision of Dan Haig made a forty hour haul from San Francisco to Dharamsala. Their mission was to set up an intranet for the CTA using sixty thousand dollars of their own money, and carrying one hundred and sixty-five pounds of cables and hardware in their backpacks. The mountain had come to Muhammed if that metaphor is not too strained for Tibetan Buddhists. Once again Dharamsala’s international support network kickstarted the local process. Haig and his colleagues wired the seven ministries of the CTA and the Library of Tibetan Works and Archives giving them high-speed intranet connections. The also created and email system and dial-up service for many cultural institutions in the Dharamsala area that were too far away to be on the network.</p>
<p>For a town far away in the mountains full of monks and political refugees, Dharamsala was making great strides on the Indian internet. The next leap forward came in the form of an accidental activist. Yahel Ben-David had been a young officer in the Israeli Defence Forces, a successful Linux entrepreneur, and an avid hiker. When he got a call in 1998 to help the CTA install a satellite dish he jumped. What could be better than a three week working vacation in the mountains? Three weeks turned into three months; eventually he relocated to Dharamsala with his wife where he would spend the next eight years working on tech projects. For the next four years Ben-David developed a Local Area Network (LAN) for the CTA and switched everything to ethernet. Monasteries, the Dalai Lama’s private office, and NGOs were all connected. But Ben-David was still dissatisfied.</p>
<p>Given Dharamsala’s remoteness and the cost-prohibitive realities of proper infrastructure development, the region wouldn’t be seeing a high speed internet any time soon. Radio networks were a technical possibility but the cost of licensed solutions was prohibitive. WiFi could have been a solution but was to be illegal for public use until 2004, and then only indoors. Ben-David put his ham radio knowledge to use by tearing part every Linux SOHO (small office/home office) networking device he could find. He founded the Tibetan Technology Centre (TTC) with Phuntsok Dorjee, a non-profit technology company that would train local talent and develop bespoke routers. And finally in January 2005 the Indian government deregulated WiFi for public use. Within hours of that ruling Ben-David put up the first node of the Dharamsala Community Wireless Mesh Network. It had effectively become the first public WiFi network in the country.</p>
<p>Testing and tweaking the nodes was a continuous process. In addition to the demanding mountainous terrain environmental issues had to be factored in: Four distinct seasons which included a heavy monsoon; daily power outages; and last but not least, monkeys. They are particularly destructive creatures when they discover something new to play with. Ben-David settled on tamper-proof cages to encase the routers. Similarly the power outages were countered with solar panels. TTC was putting itself on the map for its innovations internationally, and Dharamsala began to attract more and more technical talent. The town that had once been the preserve of backpackers and Buddhists was broadening to include networking and security experts and open-source developers. None of this was lost on the Chinese intelligence community.</p>
<p>Dharamsala had been an embarrassment to the Chinese ever since the Dalai Lama escaped in 1959. The town has been constantly monitored as have been prominent activists and all of the Tibetan Support Groups. China was particularly displeased when Tibetan activists in Dharamsala partnered with the Cult of the Dead Cow (cDc) hacking group to protest Google’s operations in China. Increasingly Tibetans suffered targeted malware attacks. Listservs and networks were compromised and sensitive information about the CTA, Dalai Lama and activists found its way back to the Chinese intelligence community. A typical exploit of the time involved forged email headers appearing to come from a friendly source. It would include a PDF file containing a message of support. Once opened a friendly enough document would appear, however, it contained a modified version of a PDF-Encode vulnerability. The exploit silently dropped and ran a file called C:\Program Files\Update\winkey.exe. It was a keylogger that collected and sent everything typed on the affected machine to a server running in China. By 2008 Dharamsala appeared to be on the frontline of China’s cyber-espionage ambitions.</p>
<p>Security researchers at the University of Toronto were approached by the office of the Dalai Lama to examine its computers. Something wasn’t right. The ensuing investigation confirmed that malware had been installed on these machines. They were able to monitor the commands on the infected computers and discover the names of the documents exfiltrated from Dharamsala. Further investigation pointed to specific correspondence stolen and that those behind the attack had gained control of the email servers in the Dalai Lama’s office. One incident was particularly telling. After an email invitation was sent to a foreign diplomat, the Chinese government made a call to the same diplomat discouraging the meeting. And a young woman working for a Dharamsala group making chat connections between Tibetan exiles and Chinese citizens was stopped by Chinese intelligence officers on her way back to Tibet. She was shown copies of her chat sessions and ordered to stop her political activities. What followed was extraordinary.</p>
<p>The Toronto researchers discovered that the Dalai Lama’s Dharamsala network was completely compromised, and also those of Tibetan exile groups in India, Brussels, London, and New York. And then the kicker. Additionally their investigations revealed that the command and control centre infecting the computers from China had also taken over more than 1300 computers in 103 countries. Much of the malware had been attached embassies and foreign ministries, including the Indian embassy in Washington. What had originally been thought to be Chinese interference in the Dalai Lama’s affairs and those of the Tibetan Support Groups turned out to only be the tip of the iceberg. The researchers uncovered an international spying operation. But even when exposed and caught by compelling evidence, Chinese officials denied any involvement and dismissed the researchers report as propaganda.</p>
<p>Despite China’s cries of innocence, the Tibetan community took some satisfaction from the incident. They had been the objects of Chinese interference for years and now the world could see that they weren’t just being paranoid about Chinese hackers. It also garnered wider support in Dharamsala and the Tibetan diaspora for greater security awareness. Groups like Students for a Free Tibet and Tibet Action Institute who had been offering security workshops for years experienced increasing demand for their services. And one thing should also be noted. While the Tibetan community had been on the receiving end of computer hacking and online harassment for years, they never responded in kind. Dharamsala’s response to Chinese aggression has always been non-violent action, online and offline. Two examples come to mind.</p>
<p>The Dalai Lama had always wanted to be able to speak directly to the Chinese people. Thubten Samdup who had spearheaded a number of internet initiatives organised a group of Chinese speaking Tibetans to engage mainland Chinese via chat online. The strategy was simple. Let people on the other end know that they are chatting with Tibetans, and did they have any questions? The internet probed to be a great leveller and one by one some minds were cleared of disinformation about Tibet and the Dalai Lama. Even though this project met with modest success things were becoming worse in occupied Tibet. Beginning in 2009 Tibetans began self-immolating as a desperate form of non-violent protest. Were it not for a network of monks most of the details of the 138 immolations to date would not be known to the world.</p>
<p>From the first self-immolation China initiated an information blackout in Tibet. Foreign journalists were not allowed into Tibet and all communications networks were heavily monitored. However one man managed to get the message out. Gyanak Tsering is a Tibetan studying at the Kirti Monastery in Dharamsala. He escaped from Tibet in 1999 and began experimenting with the internet and mobile technology. Working with security experts in Dharamsala Mr. Tsering began to covertly transfer information to and from Tibet. Mobile phones are the primary communication devices in Tibet and increasingly smartphones are used to access the mobile Web. Whenever a self-immolation is reported in the press it is because Mr. Tsering has been sent the details from Tibet. When he has verified the details with three separate sources in Tibet he releases the information to the press. Some wags in Dharamsala refer to Mr. Tsering as the Jason Bourne Buddhist.</p>
<p>Technical innovation in Dharamsala has always been driven by necessity. Initially it was because the internet was cheaper and faster than conventional communications. Then WiFi development brought more people online because it was easier to deploy than conventional infrastructure. Whatever challenges were faced in Dharamsala there was always some workaround, and others began to notice. Largely as a result of the Dharamsala Community Wireless Mesh Network (later rechristened AirJaldi) open-source developers began flocking to the region. It is now one of India’s more attractive development hubs with IT conferences, new businesses, coding workshops, and hacker spaces. What was once a sleepy hill station emerged as a Tibetan refuge that adapted to the internet and proved that anything was possible.</p>
<p> </p>
<p><em>Note: The post, including the image, is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/blog_war-driving-in-lhasa-vegas'>http://editors.cis-india.org/raw/blog_war-driving-in-lhasa-vegas</a>
</p>
No publisherOxblood RuffinHistories of InternetRAW Blog2015-08-17T08:19:56ZBlog EntryUsers and the Internet
http://editors.cis-india.org/raw/blog_users-and-the-internet
<b>This post by Purbasha Auddy is part of the 'Studying Internets in India' series. Purbasha is a SYLFF PhD fellow at the School of Cultural Texts and Records (SCTR), Jadavpur University, with more than eight years of work experience in digital archiving. She has also been teaching for the last two years in the newly-started post-graduate diploma course in Digital Humanities and Cultural Informatics offered by the SCTR. In this essay, Purbasha explores the constructions of the ideas of the Indian Internet users through the advertisements that talk about data packages, mobile phones or apps.</b>
<p> </p>
<p><iframe src="https://www.youtube-nocookie.com/embed/rg37kafMsWk?rel=0" frameborder="0" height="360" width="640"></iframe></p>
<p>A baby [1] is refusing to be born as (as we learn later, ‘his’) parents cannot afford high-speed internet for smartphones but wi-fi plans offered by an internet service provider satisfy the baby as if the baby is being born for the internet.</p>
<p>The baby [2] comes out of the womb, searches the net on a smartphone, cuts his own umbilical cord, takes a selfie with the nurse, opens every possible social media- account, takes his blue baby boy balloons and finds his own way out of the building leaving behind dumbstruck parents.</p>
<p>The two unreal situations that are described above are the two storylines of two advertisements of the same company trying to sell an internet connection. No, this article will not talk about the aesthetic appeal of these ads, but will look into such creative ways to locate the explanation of the internet and its users instead; to be precise internet and its Indian users.</p>
<p>The two ads described at the beginning do not show any Indian-ness but makes the viewer wonder about how far this ‘born for the internet’ baby can travel with an internet-enabled smartphone. Are these two ads trying to define the internet as a smart product or are they trying to classify the users of the internet rather as smart? Moreover how does one define the internet? It means more than a conglomeration of networks. At this point as I am trying to coin a definition of the internet on my own, my thought-process is occupied with the activities I do on the net but I fail to define it.</p>
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<h2>A personal note…</h2>
<p>In 1995, when VSNL launched the internet in India, I was 10, and engrossed in story books and comics. As I was growing up, I was discovering the world around through books, television, radio and newspapers. I was totally unaware of the practicality of the internet and it remained a fact of general knowledge. Not only me! Not a single friend of mine happened to use the internet or discussed keenly about it. My school did not offer a computer course either. After my +10 board exam, I requested (read demanded) my parents to enroll me in a computer training center which was near my house and had a government affiliation. I learnt basics of computer applications, the programming language Foxpro and basics of the internet. I even got to know how to create a basic webpage. Only when I was required to write a dissertation for my graduation, did I start going to a cyber café to type my dissertation and surf the internet. My parents were really apprehensive about what I was doing in a cyber café which was costing 30 rupees per hour!</p>
<p>Though my parents are still uneasy with the fact that ‘my generation’ remains glued to the internet most of the time, they are amazed on the other hand; how we do net banking, shop online, study, Facebook, exchange email, call a cab or order pizza etc. from the internet. They are happy to remain on the other side of the digital divide.</p>
<p>It has been twenty years that the Indian society has seen the ‘wrong side’ of the internet like hacking, phishing and other grave matters related to social networks. India is a complex society and so is the internet. But India, being the one of the largest potential markets, various services related to the internet are encouraging the probable consumers. Through the advertisements and publicity measures, they are trying to cleanse away the negative notions. They are capturing stories and characters that one can relate herself or himself to, very promptly. Even the ideas of Indian-ness, national integrity and the dreams of aspiring Indians are getting linked with the internet as mobile internet is penetrating very fast to balance the digital divide. Various events of online forgery, hacking and getting access to dicey websites (read pornography) and those matters which came as some sort of a cultural shock, made people less confident to use the internet.</p>
<p> </p>
<h2>Overcoming the fear…</h2>
<p>Recently, these notions have been countered by commercials by an antivirus company. The commercial shows a mother [3] who is no longer anxious to let her son surf the internet because now the antivirus allows her to enable parental control. It is helping the mother as she no longer has to keep constant vigil on the internet-related activities of her son. Other commercial shows a retired old man [4] is not sceptical anymore that his son sends money using online banking. His son and the man use the antivirus which offers safe online banking.</p>
<p>There are two more advertisements I want to describe; the first one features a young man [5] shopping online and updating the viewers that an antivirus protection means safe online transactions. In the second ad, a fashion designer [6] is not bothered to use pendrives as the antivirus scan will protect her computer. These four commercials attempt to confront the fear that pesters the minds of the potential consumers. No beautiful models, male or female, no beyond the world creativity, but simple and set with regular characters discussing vital issues were chosen to reach out to these potential customers.</p>
<p>The next commercial I would like to refer to is about an antivirus for smart phones. The ad creates a euphoria that portrays a bunch of college goers [7] who have the power to protect themselves from spyware and malware and can download various applications seamlessly. Thus the point of overcoming the ‘fear’ of the unknown and the uncontrollable is very important. Maybe the two ads featuring the ‘born for the internet’ baby I begun with, find relevance here. And the question should be asked here again: that how far can one travel along the path of life by means of a smartphone with an internet connection? The adverts suggest a very intelligent and exciting life for those who can access to internet. Everything is sorted if you can stay online. A lonely individual [8] can be a Twitter celebrity. Someone can showcase her or his talent [9] through social media; like one ad shows a girl becoming an online singing sensation by garnering lots of ‘likes’ and ‘shares’.</p>
<p>As mobile phones remains with us most of the time, accessing the internet from it is easier (compared to a computer) and a mobile phone is thus able to furnish prompt services. There are quite a few service providers that woo us with different approaches. Compared to selling internet connections, it is perhaps far less complicated to produce campaigns for fast moving consumer goods. At least in the case of FMCG it is easier to explain the product which is within range of our four senses. But it is quiet a troublesome project to explain the internet given the social back drop in a country like India. This article will not take names of any of the service providers. Instead it will point out the strategies they are adopting to touch an emotional chord for the probable consumers keeping the existing ones. Furthermore, it would like to find out the nature and meaning of the internet and outlook of its users in the Indian scenario.</p>
<p> </p>
<h2>Power redefined…</h2>
<p>The internet providers proclaim through the advertisements that an internet connection on one’s mobile is a ‘power’ for her or him. The power that has the ability to bring all the nuances that is available around. Only the burning questions are:</p>
<ul>
<li>How to use the power? Whether to play online games, immerse oneself in social networking, and use a search engine to search for the unknown or perhaps read an academic article from Jstor? There are immense possibilities to the power.</li>
<li>How long can the power be used (read limited or unlimited connection)?</li>
<li>How much time does it take to get the result of the power (read the speed of the connection)? </li>
<li>And lastly and very importantly how much does this power cost?</li></ul>
<p>These uncertainties are answered by adverts with creativity and almost 20% of the Indian population tries to grab this power. But of course a large segment is still to be included (inclusion may be harder due to various socio-economic conditions that are deep-rooted within the Indian scenario) in the benefit-circle of this power called the internet. The following storyline of another television commercial shows the power called the internet which can allow pictures or videos to be exchanged instantaneously. An ad shows that the internet is a great help for a mother as she sends a picture of her wailing son after a hair-cut, to her husband. As soon as the mother reaches home with her sad boy, the father having got the same hair-cut also returns and is ready to soothe the boy.</p>
<p> </p>
<h2>Confidence building apparatus…</h2>
<p>Thus, through creative commercials, internet service providers are trying to tell that one should keep an internet connection handy to be confident so that Indians cannot be fooled by anybody anywhere. Several adverts are showcasing the following events that will not occur if one has a mobile internet connection. Such events are quite common and thus one can easily associate oneself with them.</p>
<ul>
<li>Not a single person on earth can fool you [10].</li>
<li>A corrupt political leader cannot go way without fulfilling the promises s/he made [11].</li>
<li>Baseless prediction of religious leaders can be countered [12].</li>
<li>And one of the ads went even further ahead to suggest that the population of India can be controlled if married couples spend time doing various activities that the internet has to offer [13]!</li></ul>
<p> </p>
<h2>Self-learning tool…</h2>
<p>The ads promote that one of the activities could be self-learning. There is an enormous package of everything available and it is a flexible way to learn. A slow learner [14] in school may not be given special attention in order to overcome learning difficulties but the internet is very patient and it will not complain. Learn how to write poems [15], how to cook, how to make a drone [16], learn French [17]. Furthermore these ads suggest that an internet user is a self-sufficient human being who can find her or his own way using a Google map! Just like two friends learning culinary skills from internet and opening up a restaurant.</p>
<p> </p>
<h2>An institution…</h2>
<p>At this point, the creative pursuit of the commercials take a leap and declare the internet (or the internet connection the particular company is providing) as an institution which is very much inclusive in nature. Those who are barred from getting admission in schools, colleges or universities, are welcome to learn through the institution called the internet and can establish themselves in mainstream society or can learn for the sake of learning. In this case, these ads have pointed out girls are not allowed [18] to go to school, a eunuch [19] is refused everywhere. But they are learning from the internet and compete with the more privileged in mainstream society. Other cases show a mother could not complete [20] her study in law, and her daughter is encouraging her to complete it through the internet. Lastly, these ads try to convince that the institution of the internet is cheaper than regular institutions.</p>
<p> </p>
<h2>Utility…</h2>
<p>Besides the ambitions of the internet stated above, the internet influences human minds in several other aspects. For example, generation gap can be healed if the society takes the bridge of the internet. About two years ago a commercial was produced with the one-liner: ‘Made for the young’ [21]. This ad shows an old man who parties with young boys, has a social network account, plays online games late at night, does video chat. These activities of the elderly character, who has a very optimistic approach towards life, are set in a mundane surrounding. Here it seems, the internet is bridging the generation gap by bringing into its fold and into the mainstream those people who might not have thought of using the internet in real life.</p>
<p>The notion of a huge expense that is incurred in maintaining an internet connection was busted when some service providers brought out ads which said that it was letting people watch a video for only one rupee. Very precisely, this one rupee campaign enacted the frequent quarrels [22] between a taxi-driver and his passenger over loose change and the taxi driver somehow not returning one rupee but instead showing a popular video to the passenger from his phone in lieu of that one rupee. The basic point of all the campaigns is to intensify the market and push the consumers to pay for it anyhow as an internet connection can bring magic to the consumers’ lives as the service providers claim. But who will pay for the internet connection? So they bring out campaign such as a family plan campaign [23] in which the earning member of the family is being encouraged to pay the cost for the internet packs of the other mobile connections in the family which are also provided by the same mobile service operator. These adverts show a family consisting of a super-lazy boy, an ever-angry father, a protective mother and a sweet, little sister needing the internet more than any other services like roaming, calls, or SMS [24].</p>
<p>Service provides are also trying to entice the consumers by providing some utilitarian services which are needed in day to day life. The following are examples of the storylines of a few other advertisements that help its service-takers to transfer money without even going to the banks. The service provider keeps the notion of flexibility of the internet, which can be used according to the need of the people of every segment of the society: a taxi driver [25] from the city sends money to his father in the village; a husband sends money to his pregnant wife [26], a college-going boy [27] requesting his elder brother to send money for mending his scooter. These characters are common and can be found in our everyday surroundings but such characters may be afraid to use such an online service for transferring money. The soothing and caring tone of theses adverts try to assure people to use the service.</p>
<p>As some of the adverts aim to clear the dilemma among prospective consumers, another set of ads celebrate friendship and urge consumers to go back to their roots. In this regard, a storyline of another commercial can be taken into consideration. It tells a story about some school friends [28] who become successful in their own vocations and who remain connected with the help of smartphones and internet connections. One of them locates an old ice-cream vendor in front of the school they used to study in. They came together to meet that vendor from whom they used to buy ice-cream to help him in his business. Here the online activities result in something meaningful.</p>
<p>This article tried to weave one narrative out of many narratives created by several internet service providers. The main intention of the article was to find out how the internet has been defined in the Indian context and how the users are being defined in the commercials. It is found that the internet may seem super-real (if we are not aware of the technical aspects, it is a real wonder!) at first glance but the commercials through the dramatizing efforts are trying to prove its usefulness in many ways. Just like when a young woman [29] finds out someone is retiring from her office, she starts sending photos of the man to their colleagues and instantly it creates a chain of forwarded messages and then everybody gathers to arrange a surprise farewell party. A happy picture indeed!</p>
<p>However something not bright and prosperous also needs to be mentioned. The internet service providers have been offering high speed internet and portray a happy smart life of Indians irrespective of social background and vocation but almost 80% of India remains untouched and are yet to receive the benefits of an internet connection.</p>
<p> </p>
<h2>Endnotes</h2>
<p>[1] MTS India. 2014. "MTS Internet Baby Full Version." YouTube. February 24. <a href="https://www.youtube.com/watch?v=rg37kafMsWk">https://www.youtube.com/watch?v=rg37kafMsWk</a>.</p>
<p>[2] Premium Adverts. 2015. "Baby - MTS TV Commercial Ad." YouTube. February 18. <a href="https://www.youtube.com/watch?v=T3krdHUji8A">https://www.youtube.com/watch?v=T3krdHUji8A</a>.</p>
<p>[3] Mukherjee, Pamela. 2014. "Quick Heal - TVC (Hin) Mother’s VO." YouTube. November 4. <a href="https://www.youtube.com/watch?v=so-bjUuErBQ">https://www.youtube.com/watch?v=so-bjUuErBQ</a>.</p>
<p>[4] Thoughtshop Advertising & Film Productions Pvt. Ltd. 2014. "QUICK HEAL 'OLD MAN.'" YouTube. July 16. <a href="https://www.youtube.com/watch?v=W1kOcz_1Ra8">https://www.youtube.com/watch?v=W1kOcz_1Ra8</a>.</p>
<p>[5] Thoughtshop Advertising & Film Productions Pvt. Ltd. 2014. "QUICK HEAL 'COOL DUDE.'" YouTube. July 16. <a href="https://www.youtube.com/watch?v=o2ot0J4ps4A">https://www.youtube.com/watch?v=o2ot0J4ps4A</a>.</p>
<p>[6] Subarna Enterprise. 2014. "Stay protected from virus infected pendrives with Quick Heal Total Security." YouTube. April 10. <a href="https://www.youtube.com/watch?v=_rLh0ng70Lc">https://www.youtube.com/watch?v=_rLh0ng70Lc</a>.</p>
<p>[7] Quick Heal. 2013. "Quick Heal Mobile Security TVC (Hindi)." YouTube. March 3. <a href="https://www.youtube.com/watch?v=cWiomVUHVHk">https://www.youtube.com/watch?v=cWiomVUHVHk</a>.</p>
<p>[8] MTS India. 2012. "MTS MBLAZE ‘Always On’ LATEST TVC - Anupam Mukerji." YouTube. July 24. <a href="https://www.youtube.com/watch?v=rWfyHMbKtsg"">https://www.youtube.com/watch?v=rWfyHMbKtsg</a>.</p>
<p>[9] afaqs. 2012. "MTS MBLAZE TVC - Shraddha Sharma." YouTube. July 17. <a href="https://www.youtube.com/watch?v=tsaJtPYTUF8">https://www.youtube.com/watch?v=tsaJtPYTUF8</a>.</p>
<p>[10] Idea. 2014. "Idea ‘No Ullu Banaoing’ Anthem TVC." YouTube. August 8. <a href="https://www.youtube.com/watch?v=CZhXSnJ8sXY">https://www.youtube.com/watch?v=CZhXSnJ8sXY</a>.</p>
<p>[11] Idea. 2014. "Idea ‘No Ullu Banaoing’ Politician TVC." YouTube. March 13. <a href="https://www.youtube.com/watch?v=OahDrQDU24k">https://www.youtube.com/watch?v=OahDrQDU24k</a>.</p>
<p>[12] Idea. 2014. "Idea ‘No Ullu Banaoing’ Baba TVC." YouTube. May 11. <a href="https://www.youtube.com/watch?v=mf2hYaHtBF4">https://www.youtube.com/watch?v=mf2hYaHtBF4</a>.</p>
<p>[13] Celeburbia Entertainment Media. 2011. "Idea 3G Funny Ad Campaign - India Over Population - Abhishek Bachchan Sir Ji Ad Series." YouTube. July 23. <a href="https://www.youtube.com/watch?v=EqtB-IaeEo8">https://www.youtube.com/watch?v=EqtB-IaeEo8</a>.</p>
<p>[14] Idea. 2015. "Idea Internet Network (IIN) Slow Learner 25 sec TVC." YouTube. May 4. <a href="https://www.youtube.com/watch?v=GXFk4VL9rWM">https://www.youtube.com/watch?v=GXFk4VL9rWM</a>.</p>
<p>[15] Idea. 2015. "Idea Internet Network (IIN) Military 25 sec TVC." YouTube. May 4. <a href="https://www.youtube.com/watch?v=PwAP6PmGzRs">https://www.youtube.com/watch?v=PwAP6PmGzRs</a>.</p>
<p>[16] Neela, Pradeep. 2015. "Idea Internet Network IIN TV Ad - Drone wala." YouTube. January 11. <a href="https://www.youtube.com/watch?v=UPTC945gsDo">https://www.youtube.com/watch?v=UPTC945gsDo</a>.</p>
<p>[17] Idea. 2015. "Idea Internet Network IIN Guide 20 sec TVC." YouTube. May 5. <a href="https://www.youtube.com/watch?v=UkQma9Tyt8E">https://www.youtube.com/watch?v=UkQma9Tyt8E</a>.</p>
<p>[18] Falguni, Vineet. 2015. "Idea Internet Network IIN Haryanvi 25 sec TVC." YouTube. January 20. <a href="https://www.youtube.com/watch?v=VdVRGxw4ROI">https://www.youtube.com/watch?v=VdVRGxw4ROI</a>.</p>
<p>[19] iDiotube. 2015. "Idea Internet Network IIN Eunuch 25 second TVC HD." YouTube. April 26. <a href="https://www.youtube.com/watch?v=yIZS_-Qm5Ro">https://www.youtube.com/watch?v=yIZS_-Qm5Ro</a>.</p>
<p>[20] Idea. 2015. "Idea Internet Network IIN Mother Daughter 20 sec TVC." YouTube. May 5. <a href="https://www.youtube.com/watch?v=pBHtLU7QGbE">https://www.youtube.com/watch?v=pBHtLU7QGbE</a>.</p>
<p>[21] Indian Tv Commercials. 2013. "Vodafone Commercial(Sep 2013)-Network(Latest Indian TV Ad)." YouTube. September 28. <a href="https://www.youtube.com/watch?v=F6ULTFCWBQw">https://www.youtube.com/watch?v=F6ULTFCWBQw</a>.</p>
<p>[22] Airtel India. 2013. "airtel Re 1 Mobile Video - Taxi Ad (TVC)." YouTube. May 22. <a href="https://www.youtube.com/watch?v=Hpi2sOOfeIw">https://www.youtube.com/watch?v=Hpi2sOOfeIw</a>.</p>
<p>[23] Airtel India. 2015. "Airtel my plan Coffee TVC." YouTube. February 5. <a href="https://www.youtube.com/watch?v=4ElCIhsobXc">https://www.youtube.com/watch?v=4ElCIhsobXc</a>.</p>
<p>[24] Airtel India. 2014. "airtel money TVC - Pay Electricity Bills." YouTube. January 19. <a href="https://www.youtube.com/watch?v=yFHurfXS9uI">https://www.youtube.com/watch?v=yFHurfXS9uI</a>.</p>
<p>[25] Vodafone India. 2015. "Vodafone m-pesa™– Babuji – HD." YouTube. March 16. <a href="https://www.youtube.com/watch?v=ktgDPTlFxsU">https://www.youtube.com/watch?v=ktgDPTlFxsU</a>.</p>
<p>[26] Vodafone India. 2014. "Vodafone m-pesa™ - Cable TV – HD." YouTube. June 12. <a href="https://www.youtube.com/watch?v=HIMYZDzyHeM">https://www.youtube.com/watch?v=HIMYZDzyHeM</a>.</p>
<p>[27] Vodafone India. 2014. "Vodafone m-pesa™ - Scooter – HD." YouTube. June 2. <a href="https://www.youtube.com/watch?v=QQAtnQktHLI">https://www.youtube.com/watch?v=QQAtnQktHLI</a>.</p>
<p>[28] Advartisement. 2015. "Uncle’s Ice Cream Airtel Network In India." YouTube. March 27. <a href="https://www.youtube.com/watch?v=HFsG1G7Ombo">https://www.youtube.com/watch?v=HFsG1G7Ombo</a>.</p>
<p>[29] Nirvana Films. 2015. "VODAFONE – Farewell." YouTube. March 19. <a href="https://www.youtube.com/watch?v=aqZVO815MiM">https://www.youtube.com/watch?v=aqZVO815MiM</a>.</p>
<p> </p>
<p><em>The post is published under <a href="https://creativecommons.org/licenses/by/4.0/">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/blog_users-and-the-internet'>http://editors.cis-india.org/raw/blog_users-and-the-internet</a>
</p>
No publisherPurbasha AuddyResearchers at WorkInternet StudiesRAW Blog2015-07-10T04:20:54ZBlog EntryUser Experiences of Digital Financial Risks and Harms
http://editors.cis-india.org/raw/user-experiences-of-digital-financial-risks-and-harms
<b>The reach and use of digital financial services has risen in recent years without a commensurate increase in digital literacy and access. Through this project, supported by a grant from Google(.)org, we will examine the landscape of potential risks and harms posed by digital financial services, and the disproportionate risk that information asymmetry and barriers to access pose for users, especially certain marginalised communities. </b>
<h3>Project Background</h3>
<p style="text-align: justify;"><strong> </strong>There is a big evidence gap in the understanding of the financial risks and harms experienced by users of digital financial services. Consequently, adequate consumer protection frameworks and processes to address these harms have been lagging. A survey of 32,000 Indian consumers found <a href="https://www.businessinsider.in/india/news/42-indians-experienced-financial-fraud-in-last-3-years-report/articleshow/93341725.cms">only 17%</a> who lost money through banking frauds were able to recoup their funds. Filling this gap is crucial to inform responsive policy making, platform design and data governance.</p>
<p><strong> </strong></p>
<p style="text-align: justify;" dir="ltr">While a lot more attention is paid to financial frauds and scams, through this study, we aim to situate these alongside experiences of harms that are understudied and sometimes overlooked. Users may also experience financial harm, when negatively impacted by:</p>
<ol>
<li>Financial misinformation</li>
<li>Loss of control over their assets</li>
<li>Loss of potential income</li>
<li>Difficulty accessing social protection</li>
<li>Financial abuse perpetrated alongside other forms of domestic and family abuse </li>
<li>Unsustainable levels of debt, i.e. over-indebtedness, and </li>
<li>Exclusion from financial services</li></ol>
<ol dir="ltr"></ol>
<p dir="ltr">The Centre for Internet and Society is undertaking a mixed methods study to better understand user awareness, perceptions and experiences of digital financial risks and harms.</p>
<p style="text-align: justify;" dir="ltr">For this study, we will survey nearly 4000 users, with differing levels of access to digital devices, digital services and the internet, and undertake semi-structured interviews and focus group discussions with specific target groups and stakeholders. We aim to highlight the experiences of persons with disabilities, gender and sexual minorities, the elderly, women, and regional language first users; to better understand how discrimination and exclusion may increase their burden of risk when using digital financial services.</p>
<p style="text-align: justify;" dir="ltr"><strong>Key research questions guiding our project are:</strong></p>
<ol>
<li style="text-align: justify;">How are digital financial risks understood and experienced by users of digital financial services? Which socioeconomic factors amplify risks for different user groups?</li>
<li style="text-align: justify;">What concerns have emerged relating to data privacy, misinformation, identity theft and other forms of social engineering and mobile app based fraud?</li>
<li>How accessible are providers’ and government’s platform based reporting and grievance redressal systems?</li>
<li style="text-align: justify;">What role can fintech platforms, social media platforms, banking institutions, and regulatory bodies play in reducing digital financial risks across the ecosystem?</li></ol>
<h3 style="text-align: justify;" dir="ltr">Project Aims</h3>
<p style="text-align: justify;" dir="ltr">Through this study, we aim to:</p>
<ol>
<li style="text-align: justify;">Assess the financial risks and harms users are exposed to when using social media, digital banking, and fintech platforms. While looking at general users, we will also specifically explore this experience for the elderly, gender and sexual minorities, regional language users and persons with visual disabilities.</li>
<li>Develop a framework to categorise the nature of vulnerabilities, risks and harms faced by the concerned user groups</li>
<li>Create a credible evidence base for key stakeholders with regards to experiences of digital financial risks and harm.</li>
<li style="text-align: justify;">Provide recommendations for better policy and platform design to address harms, specifically those arising from lack of accessibility and information asymmetry.</li>
<li>Identify best practices to respond to digital risks and foster safety and equity in digital financial services</li></ol>
<h3 style="text-align: justify;" dir="ltr">Come Talk to Us:</h3>
<p style="text-align: justify;" dir="ltr">If you have experiences or insights to share, or if you're interested in learning more about our study, please reach out.<br /><br />We also invite researchers, financial service providers, developers and designers of fintech platforms, and civil society organisations working on digital safety, to speak to us and help inform the study. You may contact <a class="mail-link" href="mailto:garima@cis-india.org">garima@cis-india.org</a></p>
<hr />
<p><strong>Research Team</strong>: Amrita Sengupta, Chiara Furtado, Garima Agrawal, Nishkala Sekhar, Puthiya Purayil Sneha, and Yesha Tshering Paul</p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/user-experiences-of-digital-financial-risks-and-harms'>http://editors.cis-india.org/raw/user-experiences-of-digital-financial-risks-and-harms</a>
</p>
No publisherAmrita Sengupta, Chiara Furtado, Garima Agrawal, Nishkala Sekhar, Puthiya Purayil Sneha, and Yesha Tshering PaulFinancial TechnologyFinancial PlatformsDigital Financial HarmsResearchers at WorkFeaturedRAW BlogAccessibilityDigital LendingRAW ResearchResearchHomepage2023-12-22T16:05:26ZBlog EntryUnpacking Algorithmic Infrastructures: Mapping the Data Supply Chain in the Healthcare Industry in India
http://editors.cis-india.org/raw/unpacking-algorithmic-infrastructures
<b>The Unpacking Algorithmic Infrastructures project, supported by a grant from the Notre Dame-IBM Tech Ethics Lab, aims to study the Al data supply chain infrastructure in healthcare in India, and aims to critically analyse auditing frameworks that are utilised to develop and deploy AI systems in healthcare. It will map the prevalence of Al auditing practices within the sector to arrive at an understanding of frameworks that may be developed to check for ethical considerations - such as algorithmic bias and harm within healthcare systems, especially against marginalised and vulnerable populations. </b>
<p style="text-align: justify; ">There has been an increased interest in health data in India over the recent years, where health data policies encourage sharing of data with different entities, at the same time, there has been a growing interest in deployment of Al in healthcare from startups, hospitals, as well as multinational technology companies.</p>
<p style="text-align: justify; ">Given the invisibility of algorithmic infrastructures that underlie the digital economy and the important decisions these technologies can make about patients' health, it's important to look at how these systems are developed, how data flows within them, how these systems are tested and verified and what ethical considerations inform their deployment.</p>
<p style="text-align: justify; "><img src="http://editors.cis-india.org/home-images/ResearchersWork.png/@@images/00a848c7-b7f7-41b4-8bd9-45f2928fd44e.png" alt="Researchers at Work" class="image-inline" title="Researchers at Work" /></p>
<p style="text-align: justify; "><strong>The </strong><strong>Unpacking Algorithmic Infrastructures</strong> project, supported by a grant from the Notre Dame-IBM Tech Ethics Lab, aims to study the Al data supply chain infrastructure in healthcare in India, and aims to critically analyse auditing frameworks that are utilised to develop and deploy AI systems in healthcare. It will map the prevalence of Al auditing practices within the sector to arrive at an understanding of frameworks that may be developed to check for ethical considerations - such as algorithmic bias and harm within healthcare systems, especially against marginalised and vulnerable populations.</p>
<h3 style="text-align: justify; ">Research Questions</h3>
<ol>
<li style="text-align: justify; ">To what extent organisations take ethical principles into account when developing AI , managing the training and testing dataset, and while deploying the AI in the healthcare sector.</li>
<li style="text-align: justify; ">What best practices for auditing can be put in place based on our critical understanding of AI data supply chains and auditing frameworks being employed in the healthcare sector.</li>
<li style="text-align: justify; ">What is a possible auditing framework that is best suited to organisations in the majority world.</li>
</ol>
<h3>Research Design and Methods</h3>
<p>For this study, we will use a comprehensive mixed methods approach. We will survey professionals working towards designing, developing and deploying AI systems for healthcare in India, across technology and healthcare organizations. We will also undertake in-depth interviews with experts who are part of key stakeholder groups.</p>
<p>We hereby invite researchers, technologists, healthcare professionals, and others working at the intersection of Artificial Intelligence and Healthcare to speak to us and help us inform the study. You may contact Shweta Monhandas at <a href="mailto:shweta@cis-india.org">shweta@cis-india.org</a></p>
<ol> </ol>
<hr />
<p>Research Team: Amrita Sengupta, Chetna V. M., Pallavi Bedi, Puthiya Purayil Sneha, Shweta Mohandas and Yatharth.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/unpacking-algorithmic-infrastructures'>http://editors.cis-india.org/raw/unpacking-algorithmic-infrastructures</a>
</p>
No publisherAmrita Sengupta, Chetna V. M., Pallavi Bedi, Puthiya Purayil Sneha, Shweta Mohandas and YatharthHealth TechRAW BlogResearchData ProtectionHealthcareResearchers at WorkArtificial Intelligence2024-01-05T02:38:22ZBlog EntryUnderstanding Feminist Infrastructures: An Exploratory Study of Online Feminist Content Creation Spaces in India
http://editors.cis-india.org/raw/understanding-feminist-structures
<b>This report explores the growth of feminist infrastructures (including the various interpretations of the term), through research on feminist publishing, content creation and curation spaces and how they have informed the contemporary discourse on feminism, gender, and sexuality in India. The rise of online feminist publications, and related digital media content creation and curation spaces, has engendered new forums for debate, networking, and community-building. This report looks at some of the challenges of developing such publications and platforms, and the role of digital infrastructures in mediating contemporary feminist work and politics.</b>
<p style="text-align: justify;"> </p>
<p style="text-align: justify;"><a href="http://editors.cis-india.org/Feminist_Infrastructures_Report" class="external-link">Click here</a> to download the full report.</p>
<hr />
<p style="text-align: justify;">The internet and digital media technologies have played an important role in contemporary feminist practice – in addition to social media activism, their growing prevalence in academia, advocacy, and creative expression illustrate how digital media contributes to efforts to question asymmetries of power and knowledge. In the last few years, the concept of a feminist internet and forms of feminist infrastructures have emerged as crucial entry points to understand the affordances of the digital and its many challenges, especially for women and other structurally disadvantaged communities.Feminist content creation has been integral to contemporary feminist work in India, and is an entry-point into discussions on what could be a feminist internet. The growth of online feminist publications, and related digital media content creation and curation spaces, has engendered new forums for debate, networking, and community-building. This study looks at the development of feminist infrastructures (including various interpretations of the term) through an exploration of online feminist publishing, content creation and curation spaces, and their impact on the contemporary discourse on feminism, gender, and sexuality in India.</p>
<p style="text-align: justify;">Through conversations with select online feminist publishing, content creation, and curation spaces, this study outlines motivations for choosing certain media, nature of content, languages and design, and how such choices inform practice and politics. In addition to the above, we also conducted two workshops on feminist infrastructure wishlists, and feminist principles of design and infrastructure. These conversations have offered several insights on the landscape of feminist content creation in India, and the affordances and challenges of digital technologies in facilitating contemporary feminist work. An overarching aim of the project is to unpack the term ‘feminist infrastructure’ and its interpretations in the context of the transition to digital content creation and publication. We aim to continue these conversations with a focus on the larger, often invisible role of digital infrastructures in the development of discourse on human rights, free speech and safety, to understand what are challenges to, and efforts being undertaken to create an inclusive, accessible and feminist internet.</p>
<hr />
<h3>Contributors</h3>
<div><strong>Research and Writing </strong>Puthiya Purayil Sneha and Saumyaa Naidu
<strong><br /></strong></div>
<div><strong>Review </strong>Dr. Padmini Ray Murray, Design Beku</div>
<div><strong>Design </strong>Saumyaa Naidu and Yatharth</div>
<div><strong>Copy</strong> <strong>Editing </strong>The Clean Copy</div>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/understanding-feminist-structures'>http://editors.cis-india.org/raw/understanding-feminist-structures</a>
</p>
No publisherPuthiya Purayil Sneha and Saumyaa NaiduResearchers at WorkRAW BlogResearch2024-03-25T13:02:28ZBlog EntryThe State of the Internet's Languages Report
http://editors.cis-india.org/raw/state-of-the-internet-languages-report-2022
<b>The first-ever State of the Internet’s Languages Report was launched by Whose Knowledge? on February 23, 2022 (just after the International Mother Language day), along with research partners Oxford Internet Institute and the Centre for Internet and Society. This extraordinarily community-sourced effort, with over 100 people involved is now available online, with translations in multiple languages. </b>
<p style="text-align: justify;">There are over 7000 (spoken and signed) languages in the world, but only a few can be fully experienced online. Challenges in accessing the internet and digital technologies in our preferred languages also means that a vast body of knowledge, especially from and by marginalised communities, is not represented and remains inaccessible to the world, thereby reiterating existing social inequalities. The State of the Internet's Languages report explores these and many other aspects related to ongoing efforts in creating a multilingual and multi-modal internet. Comprising both numbers and stories, the report features contributions in 13 languages, representing 22 language communities from 12 countries, and explores how communities across the world experience the internet.</p>
<hr />
<p style="text-align: justify;">Read the full report <strong><a class="external-link" href="https://internetlanguages.org/en/">here</a>. </strong>See more details of the project<strong> <a class="external-link" href="https://whoseknowledge.org/initiatives/state-of-the-internets-languages/">here</a></strong></p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/state-of-the-internet-languages-report-2022'>http://editors.cis-india.org/raw/state-of-the-internet-languages-report-2022</a>
</p>
No publisherPuthiya Purayil SnehaRAW ResearchFeaturedResearchers at WorkRAW Blog2022-03-07T15:01:11ZBlog EntryThe Many Lives and Sites of Internet in Bhubaneswar
http://editors.cis-india.org/raw/blog_the-many-lives-and-sites-of-internet-in-bhubaneswar
<b>This post by Sailen Routray is part of the 'Studying Internets in India' series. Sailen is a researcher, writer, editor and translator who lives and works in Bhubaneswar. In this essay, he takes a preliminary step towards capturing some of the experiences of running and using internet cafes, experiences that lie at the interstices of (digital) objects and spaces, that are at the same time a history of the internet as well as a personal history of the city.</b>
<p> </p>
<h2>The Cybercafé in Bhubaneswar: A Very Personal Introduction</h2>
<p>Till about ten years back perhaps, mustard-yellow coloured STD booths were as common a part of the Indian urban ecosystem as the common crow. But, as of the middle of 2015, the apparently ever ubiquitous STD booth seems to have gone the way of the sparrow, not yet extinct, but rare enough to evoke a visceral pang of nostalgia whenever one comes across a straggling specimen. But nostalgia is perhaps the wrong word to describe the emotion of ‘missing’ a STD booth in a city like Bhubaneswar.</p>
<p>The emotion that such urban change evokes in one is perhaps better described by the Odia word moha-maya (which is a combination of two words – maya and moha) which can connote everything from pity to longing to irrational attachment that causes pain. For this writer, more than the STD booth, what causes the most serious pang of moha-maya are the rapidly disappearing cybercafes, although the latter have not quite evaporated so completely as the STD booth.</p>
<p>This might not sound like too much of a loss for those on the right side of thirty. But to some of us (belonging to what Palash Krishna Mehrotra categorised as ‘The Butterfly Generation’ in the eponymous book) inching towards our first hiccups of an early middle age, this will be just another wry reminder of mortality; all things will fade away, including yours truly.</p>
<p>I do not remember the first day I accessed the internet. Perhaps the experience was not very startling; I like many others in my generation, I lie between the two Indian extremes to technological innovations – the blind fascination welded with incompetence that characterises so much of the generation of the midnight’s children, and the blind acceptance of all technological innovations by the generation born in the 1990s and 2000s. I, for example, also do not remember the first time I used a telephone. But I do remember for sure, that it was at our Sailashree Vihar home (in Bhubaneswar), to which we shifted in October 1992; because, one remembers for sure that one did not have a telephone connection before then.</p>
<p>Similarly, I remember where I accessed the internet for the first time, although the details of that first interface escape me now. It was a place called PAN-NET (or was it PLANNET? I can’t be sure; my memory, unfortunately, is like a bamboo sieve; it holds things, but not too much and not for very long) on the edge of the IMFA park in Shahid Nagar. Within a year of this, at least three cybercafés had opened shop near my house in Sailashree Vihar in the Chandrasekharpur area in North Bhubaneswar.</p>
<p> </p>
<h2>The Semi-Public Internet</h2>
<p>Thus, my first experience of accessing the internet, like the majority of Indians of my generation perhaps, was at a ‘public’ place, a cybercafé. What happened as a result, was that the idea of accessing the internet, and not only its usage, as a communal exercise, got embedded deeply inside one’s mind; one saw the internet as a public utility and its usage as public/semi-public acts.</p>
<p>Sasikanta Bose (name changed), a student of philosophy, feels in a similar way. He learnt to use computers and the internet in cybercafés in the Jagamohan Nagar area, near his college in Bhubaneswar. As a regular writer for webzines earlier, he could not have functioned without these. Although now he accesses the internet through a cable connection and a laptop at home, he still uses cybercafés for taking printouts and for scanning. Over the last few years, Facebook is an additional reason for him to be on the World Wide Web, and he is more comfortable accessing Facebook at home, rather than in a cybercafé. But his primary reason for accessing the net remains to access webzines and reading material on the internet, and he feels this is done much more efficiently at a cybercafé since there is an immediate monetary pressure to get the most returns on the money that one is spending. The cybercafé that he uses the most is EXCEL in Sailashree Vihar.</p>
<p> </p>
<h2>The Case of ‘EXCEL’</h2>
<p>EXCEL is a cybercafé established in the year 2001. Mr. Susant Kumar Behera and Mr. Sukant Kumar Behera (two brothers) are the proprietors. It is located on the ground floor of a house in the sixth phase of Sailashree Vihar. It must be mentioned here in passing that Sailashree Vihar is a strange new locality in Bhubaneswar initially planned and constructed by the Odisha State Housing Board; strange, like a lot of other things that came into being in the 1980s. It has only two ‘phases’, phase six and phase seven; I do not think even the Housing Board knows where the other five phases have meandered off to.</p>
<p>EXCEL is located on a service road parallel to the main arterial road of Sailashree Vihar that divides the sixth and the seventh phases. When Excel opened, it was opened primarily as a communication center with the cybercafé and the STD-PCO booth as the mainstays of the family concern. The STD booth reached its peak in 2004 and was almost dead by 2006-2007; the increasingly ubiquitous mobile phone effectively killed the PCO business. A coin-operated system was operational till very recently; it was discontinued in 2013. With the death of the PCO booth, EXCEL moved into the mobile voucher business for pre-paid mobiles; but with only two percent commission being offered by most service providers, this is a high-turnover but low-profit business for the shop, and has not been able to replace the revenues and profits of the PCO business.</p>
<p>Mr. Susant Behera (Bunu bhai to most of his customers and to me as well; and he also happens to be a close friend of one my closest schoolmate’s family friend), says that when they started the cybercafé business, they were very anxious to be a ‘different’ kind of player. Most cybercafés in Bhubaneswar, then offered primarily the illicit joys of pornography as their primary attraction. This was reflected in the very design of the cybercafés; most cybercafés were designed in the form of small cabins with often curtains on their small doors, and the computer screens faced the wall. Therefore, when EXCEL opened shop, I remember it being a refreshingly new kind of cybercafé. All the monitors were placed on reverse ‘U’ shaped tables with the backs of the monitors facing the wall, and the monitor screens facing out towards everyone; there was thus, no privacy. But this completely removed the sleaze that was then associated with cybercafés and the internet, and made the cybercafé popular with new social groups using the internet, such as single young women. EXCEL was and still remains popular with young women as a node for accessing the internet.</p>
<p>Now EXCEL is a very different kind of space from the time I remember it from my college days (1999-2002). It was, even then, popular with the young. But now it is much more of a safe hang-out place for college going young adults and those who have newly joined the work force, with fast moving snacks items such as puffs (called ‘patties’ in Bhubaneswar) and rolls, and ice cream being sold at the shop. It is much more of tuck shop now, with national and international brands of packaged food such as Haldiram and Nestle fighting for rack space. This transformation started in 2003 itself, two years into the opening the business; but whereas earlier EXCEL was primarily a PCO booth and cybercafé where one could get something to eat, it is primary a tuck shop these days. The shop also functions as a travel agent now, and books all kinds of bus, train and flight tickets.</p>
<p>The cybercafé still remains important for this family business and contributes around 20% of its total profits; but this is down from an all-time high of 50-60% in 2006-07 and from 30% when the business started in 2001. In the last ten years, the capacity of the café has come down by ten computers, and now it operates with only six systems; till 2010, the café had 20 systems, and by 2012, the number had decreased to 14. A large part of the revenue is now from the ancillary services provided by the cybercafé, such as scanning and printing; data does not drive the business any longer. Even the six systems now operational in EXCEL stay unused for some parts of the day; it operates at full capacity only in the evenings. During the day, often half of the systems lie idle and unused. But the cybercafé in EXCEL has other roles in the family business; it often provides an entry into other services such as ticketing that are offered; often a customer who steps into the shop to take printouts in the cybercafé, ends up buying a recharge voucher for her pre-paid mobile connection, or picks up a family pack of ice-cream for her home.</p>
<p> </p>
<h2>Imagining a World without Cybercafés</h2>
<p>Ajay Kumar Puhan (28, from Jajpur district), who works at EXCEL, feels that cybercafés in their present form will survive only for another three to four years. After that period of time they just might survive as glorified ‘printout and scanning’ cafes. He has worked for around nine years at Excel, across the last ten years, since he was 18 years old. Now he is simultaneously studying and is in the final stages of finishing his diploma in mechanical engineering. According to him, the customer profile has drastically changed over the last ten years; only those who cannot and/or do not access the internet through mobile devices come to the cybercafé for their browsing needs. Students also drive demand for the café with their needs for filling up forms. He feels that the situation is very similar in his village as well, with almost everyone who can afford a smart phone has one with an internet pack.</p>
<p>This decline in the cybercafé component of the family business in EXCEL is reflective of a larger churning in the business. Ten years back there were around ten cybercafés in the greater Sailashree Vihar area. Now only three survive, of which EXCEL is one. Elsewhere in Bhubaneswar, the story is a similar one; often cybercafés have added additional services such as photocopiers or have transformed into gaming stations to survive as businesses. This change has been driven by fundamental transformations in the ways in which the internet is accessed in the country and in the city. Mobile phones have become the dominant device for accessing the internet in Bhubaneswar (and in India), and this has had significant effects on cybercafés in the city. The gentrification of many parts of the city and the consequently increasing rents for commercial property, and increases in wages of attendants at the cafes, are the other reasons why cybercafés are increasingly going the way of PCO-STD booths in the city.</p>
<p> </p>
<h2>Now, the Semi-Private Internet</h2>
<p>Rahul (name changed) uses EXCEL very infrequently. But when he was a student in a big engineering college four years back, he used to sometimes go to the bunch of cyber cafes dotting the area surrounding his college in South-west Bhubaneswar. His visits were infrequent; he would go to a cyber café for some project related work, to quickly check his Facebook account, or to get his fix of porn. Even when internet was available at home, the cybercafés offered a sense of freedom because of the anonymity of the interface.</p>
<p>There was very little regulation of the cybercafés a few years back, and one could get a cabin and access the net without any identity proof. One could have anonymous chats, browse for pornography and watch it in the semi-privacy of a cubicle, or get one’s dose of social networking sites (sometimes registered in a fake name) without the usual fears when one does these from one’s private connecting devices.</p>
<p>But his accessing the internet through the cybercafés was more often than not a very hesitant activity. Quite a few times there would be people making out in the next cabin; more often than not, these would be seniors or batch-mates from his college. In those days cybercafés were infamous for being places where girls and boys, often college students, with no other place to hang out in, would indulge in some heavy duty necking and petting. The owners of the cafes were aware of what was happening. But they would not interfere, as that would mean turning away customers. Raul did not have a problem with people making out in a cabin that shared the same partition as his cubicle; but, he would feel odd and get a nagging feeling as if he was intruding.</p>
<p>For Rahul. The semi-publicity of the cyber-café was manifested by its obverse – semi-privacy. He sometimes misses the hothouse atmosphere of the cybercafés of yore, when you could slice the sexual charge in their atmosphere with a scythe, and reap private moments in ‘public’ places. He has not searched for a cybercafé with any urgency in a long time, because he does not need them for his project work; and his smart phone answers his social networking needs. But he feels a certain moha-maya for the semi-privacies of the internet that existed outside the fully private smartphone and the laptop.</p>
<p> </p>
<h2>Conclusion</h2>
<p>Moha in sankrit means everything from infatuation, delusion, lack of discrimination, ignorance and falling into error, that are captured in the Odia word as well. The word maya also captures all these meanings in both English and Odia. And moha is a vice, for both Shankara and Buddha. It is a vice for Odia saints such as Achyutananda Das and Arakkhita Das as well, spanning the whole pre-modern experience from the 16th to the 19th centuries. Moha-maya is a feeling, a condition that one has to overcome to arrive at true knowledge – knowledge that simultaneously provides insights into the self and the world. Hence, to be free from moha-maya one needs to stay in the moment; any moha-maya for the past therefore, is supposed to be spiritually debilitating. Therefore, the Odia relationship with the past is a complicated one. One has to honour tradition; yet, one has to be free of moha-maya of the particular, peculiar, material manifestations of the tradition, of the past. This applies as much to dead relatives, as to disappearing socio-technological forms such as the STD booth and the cyber-cafes.</p>
<p>With the attack on the cybercafé continuing in all these various fronts, it is highly unlikely that it will survive into the third decade of the twenty-first century. But like other attacks on communally shared, semi-public/semi-private social spaces, these attacks of ‘inevitable’ forces of technology and market need to be resisted. But there are no easy answers as to how to go about doing it. As for me, even though I have a laptop and a couple of data cards (one personal, and the other official) through which I access the internet, even when I do not have the need to scan or print, I pay a routine weekly visit to the neighbourhood cybercafé. Token gesture, I know; but when one is fighting forces that are infinitely larger than oneself, one perhaps has to resort to all kinds instruments of resistance, including the token, ‘weapons of the weak’. One cannot eliminate death, but one can definitely prolong life. Especially, when the final moha-maya is for life itself.</p>
<p> </p>
<p><em>The post is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
<p> </p>
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For more details visit <a href='http://editors.cis-india.org/raw/blog_the-many-lives-and-sites-of-internet-in-bhubaneswar'>http://editors.cis-india.org/raw/blog_the-many-lives-and-sites-of-internet-in-bhubaneswar</a>
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No publisherSailen RoutrayCityInternet StudiesRAW BlogResearchers at Work2015-09-21T05:36:18ZBlog EntryThe Internet in the Indian Judicial Imagination
http://editors.cis-india.org/raw/blog_the-internet-in-the-indian-judicial-imagination
<b>This post by Divij Joshi is part of the 'Studying Internets in India' series. Divij is a final year student at the National Law
School of India University, Bangalore and is a keen observer and researcher on issues of law, policy and technology. In this essay, he traces the history of the Internet in India through the lens of judicial trends, and looks at how the judiciary has defined its own role in relation to the Internet.</b>
<p> </p>
<h2>Introduction</h2>
<p>On the 14th of August, 1995, the eve of the 48th anniversary of Indian Independence, India began a new, and wholly unanticipated tryst with destiny - Videsh Sanchar Nigam Limited (VSNL) launched India's first full Internet service for public access [1]. In 1998, just a few years after VSNL introduced dial-up Internet, around 0.5% of India’s population had regular Internet access. By 2013, the latest estimate, 15% of the country was connected to the Internet, and the number is growing exponentially [2]. As the influence of the Internet grew, the law and the courts began to take notice. In 1998, there were four mentions of the Internet in the higher judiciary (the High Courts in States and the Supreme Court of India), by 2015, it was referred to in hundreds of judgements and orders of the higher judiciary [3].</p>
<p>The revolutionary capacity of the Internet cannot be understated. It has played a critical part in displacing, creating and enhancing social structures and institutions – from the market, to ideas of community – and its potential still remains unexplored. The Internet has also unsettled legal systems around the world, because of its massive potential to create very new forms of social and legal relationships and paradigms which extant law was unequipped for. The dynamism of the Internet means that legislation and statutory law, being static and rigid, is inherently ill suited for the governance of the Internet, and much of this role is ultimately ceded to the judiciary. In a widely unregulated policy background, the role played by this institution in identifying and dealing with the peculiar nature of regulatory issues on the Internet – such as the central role of intermediaries, the challenges of intellectual property rights concerns, the conflicts of law between different jurisdictions, and the courts’ own role in being a regulator – is tremendously important. In this article, an attempt is made to weave a thread through judicial decisions as well as judicial <em>obiter</em> (or peripheral text) regarding the Internet, to explain how the judiciary has captured and defined the Internet and its capacities, potentials and actors, and what effects this has on the Internet and on society. Inter alia, this article examines how judicial disputes have shaped internet policy in India.</p>
<p> </p>
<h2>The Internet and the Role of the Courts</h2>
<p>The relationship between the law and technology is reminiscent of the famous paradox posed by the greek philosopher Zeno – Achilles and a tortoise agree to race. The tortoise has a head start, and, by the logic of the paradox, Achilles is never able to catch up to him. Every time Achilles covers the distance between himself and the tortoise at any point, the tortoise has moved ahead some distance, which need to be covered once again. As Achilles covers that distance, the tortoise has once again moved a distance away, and so on, to infinite progression, proving that Achilles can never catch up to the tortoise [4].</p>
<p>The legal regulation of the Internet follows a similar path. The Internet was not an immediate concern for law and policy, which meant that its evolution was largely determined in a space free from centralized governmental regulation. By the time parliaments and courts began to understand the implications of Internet regulation, it was apparent that such regulation would be constrained by the very features of the Internet. The core feature of the Internet is decentralization of control, which is necessarily antithetical to creating a centralized legal regulation with. Moreover, the constant mutation in the function and use of the technology renders statutory law incredibly ineffective in being an adequate regulator. Even where legislatures determined a need to step in and draw special regulations for the Internet, they need to be either so broad or vague that they cede much of the regulatory space to interpreters – the courts – or be so specific that much of the regulation quickly becomes obsolete. Most importantly, the final authority to determine matters of constitutional import such as the content and scope of fundamental rights rests with the higher judiciary. In this scenario, the courts become the <em>de facto</em> policy makers for regulating technology. In light of our current political and social context, where the level of legislative debate on issues of public importance and constitutional import is negligible, the judiciary’s analysis of Internet regulation becomes even more important [5].</p>
<p>The judiciary is thus in a unique position to decide Internet policy and governance. The preliminary question is whether there is even a need to talk about the Internet as a special system with distinct policy concerns. The regulation of the Internet is certainly fundamental to the development of knowledge and education in societies, but do its unique features merit a departure from traditional law? The second and connected question is whether the law can actually play a role in determining how the Internet is shaped, i.e. how does technology respond to the law? The architecture of the system that defines the functionality of the Internet – like the TCP/IP protocol – has embodied certain values such as decentralization, autonomy, openness and privacy [6], which have to a large extent underlined the social and ethical implications of the Internet – the way it is used, the way it functions and the way it grows. These were the values explicitly introduced into the systems we use today to communicate and interact on the Internet [7]. However, there is no <em>a priori</em>, fixed nature of the Internet. The form the technologies that make up the Internet take, depend upon its architecture and its design, which are malleable, and to which laws contribute by incentivizing certain values and encumbering others. The legal regulation of the Internet, therefore critically affects the architecture of the system, and promotes and secures certain values.</p>
<p>Recognizing the effect of law upon the architecture of the Internet is critical to any balancing exercise that the judiciary has to conduct when it decides disputes about the Internet. The Internet is a unique public resource, in that its participants are (mostly) private actors pursuing a vareity of goals and interests. The values outlined above emerged in this context, where control was decetnralized and regulation depended to a large extent upon how these disparate parties act. However, the same values also disturb existing structures to control information for legitimate causes - such as protecting intellectual property rights or preventing hate speech. Adjudicating these values, often in the absence of any explicit social or political moral framework (with respect to lack of legislative or constitutional guidance on these values), the judicial responses end up as policy directions that shape the Internet. Seen outside a broader, progressive social context, which takes into account the impact of shaping technologies to reflect values, interests on the Internet are generally adjudicated and enforced as proprietary rights between private actors, which ultimately results in changing the dynamics and relative distribution of control over the technologies that make up the Internet. This proprietory conception of interests on the Internet is highly insular, and tends to undermine the intersts of the public as a stakeholder in the regulation of the Internet. This can play out in many ways – from regulation being overwhelmingly determined according to private interests like restricting new technologies in order to protect intellectual property; or with private actors imputed as the focal point of regulation, and therefore given massive control over the Internet. However, the courts can take a different approach to regulating the Internet. The judiciary, especially the Indian Supreme Court, has a generally activist trend, especially in environmental matters [8]. One of the most elegant principles invoked by the courts for the protection of the common environment, has been the public trust doctrine, which postulates that certain (environmental) resources exist for the public benefit and can only be eroded upon to ensure that they develop in the most beneficial way for the common resources [9]. A commons approach to the Internet would require a comprehensive evaluation of the roles played by different actors across different layers of the Internet and how to regulate them [10], but would be principally similar, in that rules of private property would be constrained by potential spillover effects on intellectual information resources.</p>
<p>As a prelude to examining the judicial analysis of the Internet, it is interesting to examine the judiciary’s own perception of its role in Internet regulation. Courts are constrained in their exercise of power by rules of jurisdiction, which become incredibly convoluted on the Internet. A broad assertion of state power over the net can potentially fragment it, which is an obvious problem. At the same time, state sovereignty and protection of the interests of its citizens and laws has to be balanced with the above concerns [11]. The judiciary in India first attempted to grapple with the problem by exercising ‘universal jurisdiction’ over all actions on the Internet, which allowed the Court to claim jurisdiction over a defendant as long as the website or service could be accessed from within its jurisdiction [12]. This broad-reaching standard was antithetical to the development of a harmonized, unfragmented Internet and created problems of jurisdictional and sovereign conflict. As the implications of such a direction became clear, the court evolved different standards for jurisdiction which were based on whether the Internet service had some connection with the territorial jurisdiction of the court in question. The judiciary began to develop caution in its approach towards exercising personal jurisdiction in Internet cases, first applying the ‘interactivity test’ and then the ‘specific targeting’ standards for questions of jurisdiction [13]. However, the judiciary continues to adhere to a ‘long-arm’ standard for copyright and trademark violations, which allows it to extend its jurisdiction extra-territorially under those laws, through rather specious analogies with pre-internet technologies. For example, in <em>WWE v Reshma</em> [14], the Court explicitly analogized sale of services or goods on the Internet with contracts concluded over the telephone. Although analogies provide a comfortable framework for analysis, they also shield important distinctions between technologies from legal analysis. Problems arising from Internet cases – where many actors across many jurisdictions are involved in varying degrees – are unique to Internet technologies and such analogies ignore these important distinctions. Morever, in all the above cases, the judiciary’s assertions of power over the Internet seems to be restricted only by pragmatic regulatory concerns (such as whether personal obedience of the defendant can be secured) and its evolving understanding of questions of jurisdiction are explicitly linked to changes in the use and perception of the Internet and an understanding of interactivity and communication on the Internet.</p>
<p> </p>
<h2>The Early Internet and Judicial Perceptions</h2>
<p>The Internet crept into the judicial vocabulary in 1996; a year after public access was made available, when the Supreme Court first took cognizance of ‘Internet’ as a means of interlinking countries and gathering information instantaneously [15]. Several other cases in the High Courts also spoke of the ‘Information Highway’ [16] and the various services that companies were offering, which could be availed by individuals on the Internet [17]. This corresponded with the popular understanding of the ‘first wave’ of the Internet, mostly relating to business providing services and information to users on the World Wide Web or as a space for limited personal interaction (such as through email) [18].</p>
<p>Some of the earliest cases where the Courts had the opportunity to examine the nature of the Internet were related to Intellectual Property on the Internet, specifically trademark and copyright in the online world. The Domain Name System, which serve to identify devices accessible on the Internet, was one of the first regulatory challenges on the Internet. Domain name disputes were unprecedented in the analog world of intellectual property, since domain names were uniquely scarce goods due to the limitations of the DNS technology. In India, the Delhi High Court in the case of <em>Yahoo v Akash Arora</em> first took cognizance of regulatory challenges of the DNS system on the Internet, a space which it conceptualized as a large public network of computers, and held that domain names serve the same functions on the Internet as trademarks. This case saw the recognition of the Internet as a separate, regulable space, which the Court defined as <em>“a global collection of computer networks linking millions of public and private computers around the world.”</em> The Court recognized some of the core, democratic features of the Internet: <em>“The Internet is now recognized as an international system, a communication medium that allows anyone from any part of the lobe with access to the Internet to freely exchange information and share data.”</em> In this case, the Court upheld traditional trademark rights in the case of use of domain names. The Court’s first recognition of trademark on the Internet heralded the imputation of proprietary interests on the decentralized, shared network that was the Internet, and was a precursor to the many such cases, which mostly focused on private commercial concerns. Even as the Court understood the importance of the Internet commons, i.e. the information and architecture that makes up the Internet, it chose to ignore concerns of public interest in the openness of those commons, in its balancing of proprietary rights for trademark cases. The commercial significance of the Internet was echoed in the <em>Rediff</em> case, where the Bombay High Court opined that <em>“Undoubtedly the Internet is one of the important features of the Information Revolution. It is increasingly used by commercial organisations to promote themselves and their product and in some cases to buy and sell”</em> [19]. Moreover, in these early cases, the law of the analog age was applied wholesale to the Internet, without examining in-depth the possible differences in principle and approach, providing no precedent for the development of an ‘internet law’ [20]. Overly focussed on the proprietary nature of Internet interests, the conception of the Internet as a non-commercial space for collaboration at a decentralized or an individual level is absent from the judicial vocabulary at this stage.</p>
<p> </p>
<h2>Private Actors and Public Interest</h2>
<p>The Internet permits decentralization in the hands of several private actors, which makes control of information over it so difficult. However, the information and technology that makes up the Internet are also highly centralized at certain nodal points, such as the services which provide the physical infrastructure of the Internet (like ISPs) or intermediaries which create platforms for distribution of information. Since the Internet has no centralized architecture to enable governmental control, these private intermediaries fall squarely in the crosshairs of regulatory concerns, specifically concerning their liability as facilitators of offensive or illegal content and actions. Facebook, Ebay, Twitter, Myspace, YouTube and Google are examples of private actors that have emerged as dominant service providers that host, index or otherwise facilitate access to user-generated content. Other forms of intermediaries, such as software like Napster or torrent databases like The Pirate Bay, are responsible for driving the growth of Internet-based technologies, like new modes of information sharing and communication. These services have emerged as the most important platform for sharing of information and free speech on the Internet. Most of the interaction and communication on the Internet takes place through these intermediaries and therefore they are in a position to control much of the speech that takes place online. The implications of regulating such actors are quite enormous, and its context is unique to the Internet. These private actors now control the bulk of the information that is shared online, and many of them have almost monopolistic control over certain unique forms of information sharing – think Google in the case of search engines. Developing an adequate regulatory mechanism for them is therefore critical to the future of the net. If the laws do not adequately protect their ability to host content without being liable for the same, it is likely that these actors will lean towards collateral censorship of speech beyond that which is prohibited by law, simply to protect against liability. Secondly, such liability would tend to disincentivise the creation of new platforms and services that increase access to knowledge, which have been integral to innovation on the Internet [21]. The issue of intermediary liability at this scale is unique to the Internet. The court has to adequately frame policy considerations which strike at the fundamental nature of the Internet, such as intellectual property and access to information. At the same time, concerns about legal accountability need to also be addressed. The approach that courts have taken towards the role of intermediaries is therefore critical towards any examination of Internet regulation [22].</p>
<p>In India, the first court to explicitly examine the public importance in issues of online intermediary liability was in the context of regulation of pornography, specifically child pornography, which has been a mainstay of regulatory concerns on the Internet. The case prompted legislative action in the form of creating rules to secure intermediary immunity. In this case the Court imputed liability for the listings of certain offensive content upon the owners of the website, Bazzee.com. Hard cases make bad law, and the same was true of this case. Referring to the challenges of regulating content on the Internet, due to the <em>inability</em> of methods to screen and filter such content, the Court held that intermediaries must be strictly liable for all offensive content on their site. The Court held that:</p>
<blockquote>The proliferation of the internet and the possibility of a widespread use through instant transmission of pornographic material, calls for a strict standard having to be insisted upon. Owners or operators of websites that offer space for listings might have to employ content filters if they want to prove that they did not knowingly permit the use of their website for sale of pornographic material…even if for some reason the filters fail, the presumption that the owner of the website had the knowledge that the product being offered for sale was obscene would get attracted.</blockquote>
<p>Intermediaries, therefore, were imputed with the liability of controlling ‘obscene’ speech – a vague and over-broad standard which did not account for the realities of online speech [23]. The above analysis reflects the judiciary’s refusal to take into account the technical concerns on the Internet which ultimately shape its architecture – and the limitations of the judiciary in reflecting upon their own role in policy making on the internet. Ultimately, the decision was overturned by a legislative act, which invoked different standards of liability for intermediaries.</p>
<p>In <em>Consim Info Pvt. Ltd vs Google India Pvt. Ltd</em> [24], the Madras High Court considered “Keyword Advertising” and the liability of search engines and competitors for ‘meta-tags’ that resulted in search engine results which may divert a trademark holder’s traffic. Google’s AdWord programme, which allows purchase of certain ‘keywords’ for the search engine results, and can potentially enable certain forms of trademark infringement, was at issue [25]. Trademarks as AdWords or search terms fulfil and important social utility of information access [26]. However, the Court’s reasoning was conspicuously missing an analysis of the public interest in protecting and promoting search engines, which were important concerns taken into account when these issues were deliberated in other forums [27]. The Court saw this dispute only taking into account private property interests and not public interest considerations, such as the general public benefit of technology which enables new forms of searching and indexing. In fact, an argument by the defendant based on the fundamental right to free (commercial) speech was raised and ignored by the court. The Court therefore ignored the public importance of search engines in favour of protecting proprietary interests which arose in a different context.</p>
<p>Copyright law also has tremendous implications on the Internet. As the Internet became the primary mode for the distribution of different kinds of information and creative content, the very ease of sharing that contributed to its popularity made it prone to violations of copyright, and this created a conflict between the interests of traditional rights holders and the development of the Internet as a means of better sharing of information and knowledge. The problem of holding intermediaries liable for conduct has been compounded in cases where the Court ordered ex-parte ‘John Doe’ orders against unknown defendants likely to be infringing copyright, and imputed the liability for removal of such content on the intermediaries or ISP’s, effectively issuing wide blocking orders without considering their implications or even providing a fair hearing [28]. In <em>RK Productions</em> [29], for instance, when holding that ISPs could be liable for failure to follow blocking orders against infringing content, the Madras High Court described the role of ISPs, such as Airtel and VSNL, as <em>“vessels for others to use their services to infringe third party works.”</em> Once again, the court took a particularly pessimistic view of the Internet’s capabilities, limiting its analysis to the ISP’s function in facilitating infringement and holding that <em>“Without the ISPs, no person would be in a position to access the pirated contents nor would the unknown persons be in a position to upload the pirated version of the film.”</em> In <em>Myspace</em>, the Delhi High Court held that no different standard for secondary infringement (by intermediaries) applied on the Internet, and imputed the same standard as in the 1957 Copyright Act. (In fact, it explicitly compared Myspace to brick and mortar shops selling infringing DVD’s or CD’s) [30]. The Court held that the principles of immunity under the IT Act were overridden by the provisions of the Copyright Act, and then went on to impute a strict standard for intermediaries seeking safe harbor for infringing material, including, inexplicably, that provision of some means to tackle infringement would be sufficient proof of knowledge of actual infringement, and therefore implicating mere passive platforms as infringers. Further, the Court expressly rejected a post-hoc solution for the same, and held that the intermediaries must ensure prior restraint of infringing works to escape liability. The claims that arise in cases of infringement of intellectual property on the Internet, specifically in the liability of intermediaries, are unique, and have unique implications. The inability or refusal of the judiciary to identify claims of freedom of speech and freedom of information of the larger public within the internet commons, in response to broad censorship orders for preventing infringement means that implicitly, policy takes a direction that favours private interests.</p>
<p>An analysis of the above cases shows that important implications of intermediary liability such as the effect on the public’s access to information and the freedom of speech in the context of the Internet did not play a role in the Courts decisions. In particular, the examination of cases above shows that private disputes are now at the forefront of issues of public importance. The Courts have unfortunately taken an insular view of these disputes, adjudicating them as inter-party, without considering the public function that private players on the Internet provide, and how their decisions should factor in these considerations.</p>
<p>However, the recent case of <em>Shreya Singhal v Union of India</em> [31], decided by the Supreme Court this March, hopefully announces a departure from this insular examination of the Internet towards a constitutional analysis, where framing an appropriate public policy for the Internet is at the forefront of the Court’s analysis.</p>
<p> </p>
<h2>Shreya Singhal and Constitutionalizing the Internet</h2>
<p>In March, 2015, the Supreme Court of India struck down the notoriously abused Section 66A of the Information Technology Act, which criminalized certain classes of speech, and hopefully heralded a new phase of Internet jurisprudence in India, which imports constitutionalism into matters of cyberspace. Section 66A, premised on the pervasiveness of the Internet, criminalized online speech on vague grounds such as ‘grossly offensive’ or ‘menacing’. The Court’s examination of the nature of the Internet is particularly important. While dismissing a challenge that speech on the Internet should not be treated as distinct from other speech, the Supreme Court opined that <em>“the internet gives any individual a platform which requires very little or no payment through which to air his views”</em>, and by this reasoning concluded that to a limited extent, specific offences could be drawn for online speech. However, this understanding of the features of the Internet – the democratization of knowledge sharing by making it cheap and expansive, was implicit throughout the Court’s judgement, which upheld the idea of the Internet as a ‘marketplace of ideas’ and a space for free and democratic exchange, and struck down the impugned restrictive provisions as unconstitutional, in part because of their vagueness and likelihood to censor legitimate speech, bearing no relation to the constitutional restrictions on free speech under Article 19(2). Moreover, the Court understood the importance of collateral censorship and intermediary safe harbor, although only briefly examined, and read down expansive intermediary liability terms under the IT Rules to include prior judicial review of takedown notices [32].</p>
<p>Hopefully, the Shreya Singhal judgement marks the beginning of constitutional engagement of the judiciary with the Internet. At this moment itself, the Supreme Court is grappling with questions of limitations of online pornography [33]; search engine liability for hate speech [34]; intermediary liability for defamation [35]; and liability for mass surveillance. How the Supreme Court takes cognizance of these cases, how they ultimately proceed, and how they take into account the principles sounded by the <em>Shreya Singhal</em> court, will have a tremendous impact on the internet and society in India.</p>
<p> </p>
<h2>Conclusion</h2>
<p>This article was an attempt to study the Internet in India, and look at the relationship between the judiciary and the Internet. But ‘the Internet’ is not some fixed, immutable space, and any study has to take this into account. The function of the Internet depends upon the values built in to it. These values can be in favor of free speech, or enable censorship. They can protect privacy, or enable mass surveillance. The growth of the Internet as a medium of free speech and expression has been fuelled to a large extent in the spaces free of legal regulation, but the law is perhaps the most important regulator of the Internet, in its ability to use state power to create incentives for certain values, and to change the nature of the Internet. This study, therefore, charted the dynamic relationship between judicial law and other factors responsible for the regulation of the Internet.</p>
<p>For a technology which is so pervasive in our daily lives, and growing in importance day by day, it is surprising that the Supreme Court of India has only recently taken cognizance of constitutional issues on the Internet. While important internet-specific issues have arisen in disputes before the judiciary, judicial examination has generally ignored technical nuances of the new technology, and furthermore ignored the wider implications of framing Internet policy by applying rules that applied in other contexts, such as for copyright or trademark. Without a clear articulation of political and moral bases to guide Internet policy, a clear policy-driven approach to the Internet remains absent, and the regulatory space has been captured by fragmented interest groups without an assessment of larger interests in maintaining the Internet commons, such as allowing peer-based production and sharing of information.</p>
<p>There is, however, reason to be optimistic about the courts and the Internet. The Supreme Courts reaffirmation and identification of the freedom of speech on the Internet in <em>Shreya Singhal</em>, will, hopefully, resonate in the policy decisions of both the courts and legislators, and the internet can be reformulated as a space deserving constitutional scrutiny and protection.</p>
<p> </p>
<h2>References</h2>
<p>[1] VSNL Starts India's First Internet Service Today, The Indian Technomist, (14th August, 1995), available at <a href="http://dxm.org/techonomist/news/vsnlnow.html">http://dxm.org/techonomist/news/vsnlnow.html</a>.</p>
<p>[2] Internet Statistics by Country, International Telecommunication Union, available at <a>http://www.itu.int/en/ITU-D/Statistics/Pages/stat/default.aspx</a>.</p>
<p>[3] Source: <a href="http://manupatra.com/">http://manupatra.com/</a>.</p>
<p>[4] Nick Huggett, Zeno's Paradoxes, The Stanford Encyclopedia of Philosophy, Edward N. Zalta (ed.), available at <a href="http://plato.stanford.edu/archives/win2010/entries/paradox-zeno/">http://plato.stanford.edu/archives/win2010/entries/paradox-zeno/</a>.</p>
<p>[5] See: <a href="http://indianexpress.com/article/india/india-others/a-little-reminder-no-one-in-house-debated-section-66a-congress-brought-it-and-bjp-backed-it/">http://indianexpress.com/article/india/india-others/a-little-reminder-no-one-in-house-debated-section-66a-congress-brought-it-and-bjp-backed-it/</a>; Publicly available records of Lok Sabha debates also show no mention of this controversial law.</p>
<p>[6] I take values to mean certain desirable goals and methods, which could be both intrinsically good to pursue and whose pursuit allows other instrumental goods to be achieved. See Michael J. Zimmerman, Intrinsic vs. Extrinsic Value, The Stanford Encyclopedia of Philosophy, Edward N. Zalta (ed.), available at <a href="http://plato.stanford.edu/archives/spr2015/entries/value-intrinsic-extrinsic/">http://plato.stanford.edu/archives/spr2015/entries/value-intrinsic-extrinsic/</a>.</p>
<p>[7] Hellen Nissenbaum, How Computer Systems Embody Values, Computer Magazine, 118, (March 2001), available at <a href="https://www.nyu.edu/projects/nissenbaum/papers/embodyvalues.pdf">https://www.nyu.edu/projects/nissenbaum/papers/embodyvalues.pdf</a>.</p>
<p>[8] S.P. Sathe, Judicial Activism: The Indian Experience, 6 Washington University Journal of Law & Policy, 29, (2001).</p>
<p>[9] M.C. Mehta v. Kamal Nath and Ors., 2000(5) SCALE 69.</p>
<p>[10] Yochai Benkler, From Consumers to Users: Shifting the Deeper Structures of Regulation Toward Sustainable Commons and User Access, 52(3) Federal Communications Law Journal, 561, (2000).</p>
<p>[11] Thomas Shultz, Carving up the Internet: Jurisdiction, Legal Orders, and the Private/Public International Law Interface, 19(4) European Journal Of International Law, 799, (2008); Wendy A. Adams, Intellectual Property Infringement in Global Networks: The Implications of Protection Ahead of the Curve, 10 Int’l J.L. & Info. Tech, 71, (2002).</p>
<p>[12] Casio India Co. Limited v. Ashita Tele Systems Pvt. Limited, 2003 (27) P.T.C. 265 (Del.) (India).</p>
<p>[13] Banyan Tree Holding (P) Ltd. v. A. Murali Krishna Reddy & Anr., CS(OS) 894/2008.</p>
<p>[14] World Wrestling Entertainment v. Reshma Collection (FAO (OS) 506/2013 (Delhi).</p>
<p>[15] Dr. Ashok v. Union of India and Ors., AIR 1997 SC 2298.</p>
<p>[16] Rajan Johnsonbhai Christy vs State Of Gujarat, (1997) 2 GLR 1077.</p>
<p>[17] Union Of India And Ors. Vs. Motion Picture Association And Ors, 1999 (3) SCR 875; Yahoo!, Inc. vs Akash Arora & Anr., 1999 IIAD Delhi 229 – “The Internet provides information about various corporations, products as also on various subjects like educational, entertainment, commercial, government activities and services.”</p>
<p>[18] Yochai Benkler, The Wealth of Networks.</p>
<p>[19] Rediff Communication Limited vs Cyberbooth & Another, 1999 (4) Bom CR 278.</p>
<p>[20] Even when the Supreme Court finally recognized these concerns a few years later, when the Internet had morphed into a massive commercial platform and an important forum for free speech, in the Satyam Infotech case (2004(3)AWC 2366 SC), it discussed the unique problem of domain name identifiers and scarcity of domain names, yet went on to hold that an even higher standard of passing off for trademarks should apply in domain names, disregarding the prior standard of an ‘honest concurrent user’.</p>
<p>[21] Jack Balkin, The Future of Free Expression in a Digital Age, 36 Pepperdine Law Review, (2008)</p>
<p>[22] Id.</p>
<p>[23] Avnish Bajaj v. State (NCT of Delhi), 3 Comp. L.J. 364 (2005).</p>
<p>[24] 2013 (54) PTC 578 (Mad)</p>
<p>[25] The judgement also reveals the predominance of Google’s search engine service. The Court defines the operation of “search engines” as synonymous with Google’s particular service – including adding elements like the ‘I’m Feeling Lucky’ option as defining elements of search engines.</p>
<p>[26] David J. Franklyn & David A. Hyman, Trademarks As Search Engine Keywords: Much Ado About Something?, 26(2) Harvard Journal of Law and Technology, 540, (2013).</p>
<p>[27] Id.</p>
<p>[28] Reliance Big Entertainment v. Multivision Network and Ors, Delhi High Court, available at <a href="http://cis-india.org/internet-governance/resources/john-doe-order-reliance-entertainment-v-multivision-network-and-ors.-movie-singham">http://cis-india.org/internet-governance/resources/john-doe-order-reliance-entertainment-v-multivision-network-and-ors.-movie-singham</a>; Sagarika Music Pvt. Ltd. v. Dishnet Wireless Ltd., C.S. No. 23/2012, G.A. No. 187/2012 (Calcutta High Court Jan. 27, 2012) (order); See Generally, Ananth Padmanabhan, Give Me My Space and Take Down His, 9 Indian Journal of Law and Technology, (2013).</p>
<p>[29] R.K. Productions v. BSNL Ltd and Ors. O.A.No.230 of 2012, Madras High Court.</p>
<p>[30] Super Cassetes Industries Ltd. v. Myspace Inc. and Anr., 2011 (47) P.T.C. 49 (Del.)</p>
<p>[31] Shreya Singhal and Ors. V Union of India and Ors., W.P.(Crl).No. 167 of 2012, Supreme Court, (2015).</p>
<p>[32] The courts refusal to address important questions of intermediary responsibility has also been criticized, see Jyoti Pandey, The Supreme Court Judgment in Shreya Singhal and What It Does for Intermediary Liability in India?, Centre for Internet and Society, available at <a href="http://cis-india.org/internet-governance/blog/sc-judgment-in-shreya-singhal-what-it-means-for-intermediary-liability">http://cis-india.org/internet-governance/blog/sc-judgment-in-shreya-singhal-what-it-means-for-intermediary-liability</a>.</p>
<p>[33] See: <a href="http://sflc.in/kamlesh-vaswani-v-uoi-w-p-c-no-177-of-2103/">http://sflc.in/kamlesh-vaswani-v-uoi-w-p-c-no-177-of-2103/</a>.</p>
<p>[34] See: <a href="http://cis-india.org/internet-governance/blog/search-engine-and-prenatal-sex-determination">http://cis-india.org/internet-governance/blog/search-engine-and-prenatal-sex-determination</a>.</p>
<p>[35] See: <a href="https://indiancaselaws.wordpress.com/2013/10/23/google-india-pvt-ltd-vs-visaka-industries-limited/">https://indiancaselaws.wordpress.com/2013/10/23/google-india-pvt-ltd-vs-visaka-industries-limited/</a>.</p>
<p> </p>
<em>The post is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em>
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No publisherDivij JoshiInternet StudiesInternet LawJudiciaryRAW BlogResearchers at Work2015-09-09T05:26:50ZBlog EntryThe Digital Humanities from Father Busa to Edward Snowden
http://editors.cis-india.org/raw/the-digital-humanities-from-father-busa-to-edward-snowden
<b>What do Edward Snowden, the whistle-blower behind the NSA surveillance revelations, and Father Roberto Busa, an Italian Jesuit, who worked for almost his entire life on Saint Thomas Aquinas, have in common? The simple answer would be: the computer. Things however are a bit more complex than that, and the reason for choosing these two people to explain what the Digital Humanities are, is that in some sense they represent the origins and the present consequences of a certain way of thinking about computers. This essay by Dr. Domenico Fiormonte, lecturer in the Sociology of Communication and Culture in the Department of Political Sciences at University Roma Tre, was originally published in the Media Development journal.</b>
<p> </p>
<p><em>Cross-posted from <a href="http://www.waccglobal.org/articles/the-digital-humanities-from-father-busa-to-edward-snowden">Media Development</a>, Vol. LXIV 2/2017. Published on May 13, 2017.</em></p>
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<p>What do Edward Snowden, the whistle-blower behind the NSA surveillance revelations, and Father Roberto Busa, an Italian Jesuit, who worked for almost his entire life on Saint Thomas Aquinas, have in common? The simple answer would be: the computer. Things however are a bit more complex than that, and the reason for choosing these two people to explain what the Digital Humanities are, is that in some sense they represent the origins and the present consequences of a certain way of thinking about computers.</p>
<p>Although it is true that computer science was born from the needs of calculation (i.e. computing), in other cultures and languages the usual term is “informatics”, or the science of information. The difference is not trivial, and in fact the encounter between the computer and words, or rather with language, can be considered a cultural watershed. Father Busa himself was one of the protagonists of this meeting which came about in 1949 when he visited New York to ask Thomas J. Watson Sr, the president of IBM, for permission to use computers to study the vocabulary of Saint Thomas Aquinas (Jones, 2016). That endeavour is considered by many to have signalled the birth of computer-based “Natural Language Processing”, the inter-disciplinary field behind many of the digital tools that we use in our everyday life: from the technologies of T9 on our smartphone to voice recognition and synthesis, etc.</p>
<p>But these tools, although fundamental, are not the most striking (or perhaps disturbing) results of this age of transformation. Through the gesture of entering words in a computer, Busa framed the basis of a new concept of hermeneutics that was no longer based solely on purely subjective interpretation, but also on automatic processing of linguistic data, and hence in some sense “objective”. Busa’s undertaking founded the discipline of Humanities Computing (although years later it was renamed Digital Humanities), but above all it laid the groundwork for a profound epistemological and cultural transformation. And at the heart of this revolution was the “written document”, the text, understood as an alphanumeric sequence. In an effort to best explain this revolution, I will concentrate on one aspect, the representation of the document, and return to the hermeneutical aspects in the final part.</p>
<h3>The epistemological revolution of the digital document</h3>
<p>My own association with Digital Humanities (DH), as for many humanists of my generation, came from philology and textual criticism. My first foray into electronic textuality was in 1990, when it became clear that the confluence of informatics and the humanities would revive an inherent, almost arcane dualism: in the beginning was the data… But I was unprepared to tackle the conflict between information retrieval and interface, or between a textual paradigm based on the idea of information (text=data) and a vision of the textual document as a stratified historical-material reality, visualized not only as information, but also as an object (or series of objects), to be ultimately used and enjoyed. This dualism certainly did not only come about as a result of the encounter between informatics and text, but what we can say is that the process of digitization from this point on would “enhance” certain characteristics of the document at the expense of others.</p>
<p>The problem of the digital document in fact cannot be understood unless one first understands what digitization is and how it works: that is to say, the process of translating what we who undertake the work call “encoding” or more generally “representation”. The pioneers of informatica umanistica in Italy (Tito Orlandi, Raul Mordenti, Giuseppe Gigliozzi, etc.) taught the students of my generation two key concepts: 1) the passage from the analogue to the digital implies a process that formalizes the object of research (from the single character to the more complex structures of the historical artefact); 2) each act of encoding, or rather each act of representation of the specific “object” via a formal language involves a selection from a set of possibilities and is therefore an interpretative act (Orlandi, 2010).</p>
<p>The fundamental difference is that the human language and its writing systems were always many and various, whereas formal computer languages are based on a codex universalis, an Esperanto derived for the most part from the English language. As George Steiner wrote in After Babel, “the meta-linguistic codes and algorithms of electronic communication are founded on a sub-text, on a linguistic ‘pre-history’, which is fundamentally Anglo-American” (Steiner, 1998: xvii). Digital “standards” always reflect a cultural bias, and the act of encoding is never neutral, but tends to assume (and overlap with) universalizing discourses that on the surface are hard to see.</p>
<p>An important standard for character representation with ASCII, the American Standard Code for Information Interchange created in the 1960s. That technology is continued today by Unicode, an industrial standard, which purports to represent the characters of all written languages. Beside the fact that it is directed by the usual mega-corporations, Google, Apple, IBM, Microsoft, etc., Unicode is underpinned by an alphabet-centric logic that penalizes non-Western systems of writing. Given this weakness, it should come as no surprise that it has attracted criticism on several fronts, including the charge of ethnocentrism (Perri, 2009; Pressman, 2014: 151), and also because it ignores the difficulties faced by languages of low commercial value in their efforts to be properly represented (and therefore at risk of extinction). To paraphrase Alexander Galloway, “technical is always [geo]political” (Galloway, 2004: 243).</p>
<p>Even if our lack of awareness as humanists might have deceived us into thinking that the translation from the analogue to the digital was a neutral and painless process, we would soon have realized that, as with any change of format, digital representation can change and influence both the life of the original object and its digital future. And we would have discovered the “multiple biases” inherent in the digitization process. So in one respect we have entered in a post-Busa phase where interpretation is not something you can have without defining both the object and the source of your knowledge.</p>
<p>Busa never showed much interest in theoretical questions or in the link between hermeneutics and epistemology (and even less between semiotics and politics), or between the interpretation of the object and the nature of its representation. Perhaps this was because the question “What do I want to represent, and how?” would have provoked a series of more disturbing questions: “What is knowledge? Who produces it, how, and for what purpose?” These questions probably would have threatened to paralyze his pragmatic approach. On the other hand, it cannot have been easy to ignore the problem, since many philosophers, starting with Plato when discussing the transition from orality to writing, kept asking questions about the formats and systems of knowledge representation (Stiegler, 2006).</p>
<p>As humanists we then begin to understand that the problems information technology appeared able to resolve, soon created new problems which were not limited to a single discipline, like philology or textual criticism. To ignore the epistemological (and also ethical or political) problems generated by the confluence of the humanities and information science was certainly possible: but at what price? The more pragmatic among us would have been content to use machines for what they could immediately offer: the tremendous possibilities and tools for representing, archiving and automatic analysis of humanistic objects and artefacts. This approach seemed prevalent in the first historical phase of DH, reflected in canonical definitions like “the application of computational methods to humanities research and teaching” or “researching the Humanities through digital perspectives, researching digital technologies from the perspective of the Humanities” <strong>[1]</strong>.</p>
<p>But what are the effects of these methods and technologies? The answer to this question coincides with the new phase that DH is actually in at the moment, a phase that forces us to consider the costs of all of the above, the ethical, social, and political implications of the instruments, resources and infrastructure, and the cultural biases inherent in their conception and design.</p>
<h3>The social and political implications of DH</h3>
<p>Fr Busa’s “hermeneutic” approach has been the main focus of the past 20 years of DH, while the methodological and epistemological concerns have been pushed to one side. The reason for this is fairly simple. Since the overwhelming majority of evidence on which the memory of people is based (particularly in the West) is the written text, the computer, a manipulator of alphanumeric symbols, has been shown to be a powerful agent of their preservation and management. This need to unravel the concept of the “text as data”, as mentioned above, has pushed aside for the moment the question of interface, that is, ways for the text to be used and read.</p>
<p>The materiality of written documents, given their incredible linguistic and cultural diversity, their visual and pragmatic dimensions, etc. (especially holographs and manuscripts) does not marry all that well with the limited possibilities offered by information science – or at least doesn’t fit with what has been produced by those who have guided its development thus far. Therefore, up until the early 2000s, the Digital Humanities focused especially on the design of tools and resources for the analysis and preservation of written documents. The spread of the Web from the mid-1990s, despite the first rumblings on the theme of user interface development (which Busa always considered to be a minor problem), ended by confirming this tendency.</p>
<p>There was in my view a precise moment when this concept of “text as data” reached a point of crisis, by showing its dark side. As humanists we would probably have preferred to continue our work quietly as if nothing had changed, but at a certain point something monumental happened, an event which has changed our relation with the digital dimension of knowledge, and hence of research. And this moment was the 6th of June 2013, when the Washington Post and the Guardian began publishing the documents supplied by Edward Snowden about mass surveillance by the NSA. The immensity of this event was immediately clear: a document published by the US National Security Agency and its British twin (GCHQ), said that in one month alone over 181 million records had been collected, including metadata and content (text, audio and video [Gellman and Soltani, 2013]).</p>
<p>The news that in July 2016 half of Silicon Valley, from Amazon to Google, had been co-opted by the Pentagon (Collins, 2016), and the dynamics of the last presidential elections in the USA confirmed, that the Net has become the field on which the geopolitical balances of the planet are played out. And at the centre of this “new world” is the idea of the “universal archive” where all data (past, present, and future) are stored. It is here that both the hermeneutical and epistemological questions fall down. In modern times, knowledge and interpretation depended on history, which we conceived as a linear process, i.e. based on space and time. But the dynamics of digital data seem to escape the logics of space and time, because the digital archive is ubiquitous and eternally present.</p>
<p>In my opinion, the heritage of Busa is reflected by the obsession with control (collection) and the analysis (interpretation) of data by government agencies and high-tech multinationals. Both have committed to the “hermeneutic” vision (although of the bare bones variety), or rather to the analysis of huge amounts of our data as the basis of their interpretation of the world. Welcome to the fantastic world of Big Data...</p>
<p>The question is no longer what the document is or how it is represented (an epistemological question) or how it is to be interpreted (a hermeneutical question). Even if the better forces of DH have insisted on this point and on the necessity of proceeding in this order (because interpretation of the object is inseparable from the circumstance of its representation), these “humanistic” scruples appear suddenly irrelevant. The actual question is in fact “who are we really?” Or rather not us, but the creation through our digital footprint of an alter ego that the algorithms of Google or Facebook decree is more “true” than the other (which we mistakenly believe still to exist). But who will be able to decipher or take apart these stories (data + algorithms) which we daily write and re-write? And does it still make sense to investigate the instruments of production and preservation of memories and knowledge when we no longer have any control over them?</p>
<p>Geoffrey Rockwell and I recently tried to analyze a commercial surveillance package, Palantir, from the point of view of DH (Rockwell and Fiormonte, 2017). Palantir scans and combines data from “documents, websites, social media and databases, turning that information into people, places, events, things, displaying those connections on your computer screen, and allowing you to probe and analyze the links between them” (Anyadike, 2016). But these kinds of software can be also seen as story-telling tools, because they allow someone to build stories about us and through us. So there seems to be a “literary” and rhetorical side to surveillance software, which the digital humanist seems particularly well-equipped to analyze. After all, the story of Big Data is also our story. There seems to be an “original sin” present in Big Data, i.e. the information retrieval paradigm that treats stories as data and data as a resource to be mined. And this approach is clearly reflected in Busa’s original idea of computational hermeneutics: digitize your texts, get your data, then build an interpretation upon them.</p>
<p>A posteriori we can ask ourselves what happened on that distant morning in 1949 in the heads of Thomas J. Watson Sr. and Father Busa. Was the founder and owner of IBM conscious of what the vision of Father Busa would lead to? And could the Jesuit father have ever expected that his intuition would change not only our means of reading and interpreting history, but also how we construct it? No one can ever know. But history reaffirms once again the great responsibility of science – in this case the responsibility of the “ignorant” humanities. If anyone believes that the humanities do not have a future, it is good to read again how 70 years ago a meeting between Thomas Aquinas and computers formed the basis of a revolution in digital communication. But from now on, the role and responsibility of the humanist will not only be to preserve and interpret the signs of the past, but to engage critically with, and where necessary unmask, the technological, political and social discourses that are shaping our knowledge, memories, and consciousness.</p>
<p><em>This article was translated by Desmond Schmidt.</em></p>
<h3>Note</h3>
<p><strong>[1]</strong> Selected responses to the question “How do you define DH?” from Day of DH 2012. Accessed from <a href="http://archive.artsrn.ualberta.ca/Day-of-DH-2012/dh/index.html">http://archive.artsrn.ualberta.ca/Day-of-DH-2012/dh/index.html</a>.</p>
<h3>References</h3>
<p>Anyadike, Obi (2016). Spies Sans Frontières? How CIA-linked Palantir is gaining ground in the aid industry (and why some humanitarians are worried). IRIN, March 7, 2016. Accessed from <a href="https://www.irinnews.org/investigations/2016/03/07/spies-sans-fronti%C3%A8res">https://www.irinnews.org/investigations/2016/03/07/spies-sans-fronti%C3%A8res</a>.</p>
<p>Collins, Terry (2016). Amazon CEO Jeff Bezos joins Pentagon innovation board. CNet, July 28, 2016. Accessed from <a href="https://www.cnet.com/news/jeff-bezos-amazon-blue-origin-pentagon-ash-carter-eric-schmidt-google/">https://www.cnet.com/news/jeff-bezos-amazon-blue-origin-pentagon-ash-carter-eric-schmidt-google/</a>.</p>
<p>Galloway, Alexander R. (2004). Protocol: How Control Exists after Decentralization. Cambridge (MA), MIT Press.</p>
<p>Gellman, Barton – Soltani, Ashkan (2013). NSA infiltrates links to Yahoo, Google data centers worldwide, Snowden documents say. The Washington Post, October 30, 2013. Accessed from <a href="https://www.washingtonpost.com/world/national-security/nsa-infiltrates-links-to-yahoo-google-data-centers-worldwide-snowden-documents-say/2013/10/30/e51d661e-4166-11e3-8b74-d89d714ca4dd_story.html">https://www.washingtonpost.com/world/national-security/nsa-infiltrates-links-to-yahoo-google-data-centers-worldwide-snowden-documents-say/2013/10/30/e51d661e-4166-11e3-8b74-d89d714ca4dd_story.html</a>.</p>
<p>Jones, Steven E. (2016). Roberto Busa, S. J., and the Emergence of Humanities Computing. The Priest and the Punched Cards. London, Routledge.</p>
<p>Orlandi, Tito (2010). Informatica testuale. Teoria e prassi. Roma-Bari, Laterza.</p>
<p>Perri, Antonio (2009). Al di là della tecnologia, la scrittura. Il caso Unicode. Annali dell’Università degli Studi Suor Orsola Benincasa, Vol. II, pp. 725-748.</p>
<p>Pressman, Jessica (2014). Digital Modernism: Making It New in New Media. Oxford, Oxford University Press.</p>
<p>Rockwell, Geoffrey and Fiormonte, Domenico (2017). Palantir: Reading the Surveillance Thing. Critical Software Stories as a Way of the Digital Humanities. Paper presented at the AIUCD 2017 Conference, University of La Sapienza, Rome, January 26-28, 2017.</p>
<p>Steiner, George (1998). After Babel. Aspects of Language and Translation. Oxford, Oxford University Press.</p>
<p>Stiegler, Bernard (2006). Anamnesis and Hypomnesis. The Memories of Desire. In Armand, L. and Bradley, A. ed., Technicity. Prague, Litteraria Pragensia, pp. 15-41. Online version. Accessed from <a href="http://arsindustrialis.org/anamnesis-and-hypomnesis">http://arsindustrialis.org/anamnesis-and-hypomnesis</a>.</p>
<h3>Author</h3>
<p>Domenico Fiormonte (PhD University of Edinburgh) is currently a lecturer in the Sociology of Communication and Culture in the Department of Political Sciences at University Roma Tre. In 1996 he created one of the first online resources on textual variation (www.digitalvariants.org). He has edited and co-edited a number of collections of digital humanities texts, and has published books and articles on digital philology, new media writing, text encoding, and cultural criticism of DH. His latest publication is <em><a href="https://punctumbooks.com/titles/the-digital-humanist/">The Digital Humanist. A critical inquiry</a></em> (Punctum 2015) with Teresa Numerico and Francesca Tomasi. His current research interests are moving towards the creation of new tools and methodologies for promoting interdisciplinary dialogue in the humanities (<a href="http://www.newhumanities.org">http://www.newhumanities.org</a>).</p>
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For more details visit <a href='http://editors.cis-india.org/raw/the-digital-humanities-from-father-busa-to-edward-snowden'>http://editors.cis-india.org/raw/the-digital-humanities-from-father-busa-to-edward-snowden</a>
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No publishersneha-ppResearchers at WorkRAW BlogDigital Humanities2017-10-04T11:02:10ZBlog EntryThe Curious Incidents on Matrimonial Websites in India
http://editors.cis-india.org/raw/the-curious-incidents-on-matrimonial-websites-in-india
<b>This essay by Abhimanyu Roy is part of the 'Studying Internet in India' series. The author explores how the curious interplays between the arranged marriage market in India the rise of matrimonial sites such as Jeevansathi.com and Shaadi.com. The gravity of the impact that such web-based services have on the lives of users is substantially greater than most other everyday web-enabled transactions, such as an Uber ride or a Foodpanda order. From outright fraud to online harassment, newspaper back pages are filled with nightmare stories that begin on a matrimonial website. So much so that the Indian government has set up a panel to regulate matrimonial sites. The essay analyses the role of matrimonial websites in modern day India, and the challenges this awkward amalgamation of the internet and love gives rise to.</b>
<p> </p>
<blockquote><em>A successful marriage requires falling in love many times, always with the same person.</em><br />— Mignon McLaughlin <strong>[1]</strong></blockquote>
<blockquote><em>People say ours is an arranged marriage. In a way, our meeting was arranged by our parents but eventually it was the two of us who decided on the marriage. We met and went out together for a few times. We dated for a while and then agreed to marry...</em><br />— Madhuri Dixit <strong>[2]</strong></blockquote>
<p>Mignon McLaughlin was a pioneer American journalist. Madhuri Dixit is one of the most popular Indian film actresses in recent memory. They are both women who have led very public lives and they have also had long and happy marriages. Yet, their quotes offer an insight into the very different ways in which they began their marital lives. Unlike the West, love is not inextricably linked to marriage in India. A number of factors such as class, race, caste and financial considerations come into the picture in matrimony – it is not far-fetched to think Ms. Dixit’s parents would not have introduced her to her future groom if he did not fulfill certain criteria.</p>
<p>This makes internet-enabled disruption extremely complex. Any system that aims to disrupt needs to take into consideration systemic elements. E.g. Uber needs to consider fuel prices, regulations, economic fluctuations and real-time demand while setting their prices. However, when unpredictable emotions, sociology and psychological states of not just the individuals involved in the union but also others such as their families come into the picture, things become incredibly complicated. This gives rise to a number of unwanted situations from fraud to blackmail. At the same time, websites such as Jeevansathi.com and Shaadi.com continue to gain more users – an indication that a lot of people have found their life partners on these platforms. To gain an understanding of this situation, let us first ask a question – who is the modern Indian?</p>
<h3>Identity Crash</h3>
<p>In their contribution to the 2002 book <em>Building Virtual Communities</em>, Dorian Wiszniewski and Richard Coyne first put forth the concept of the mask in the context of online interactions. The authors stated that idiosyncrasies of internet interactions – lack of physical presence, relative anonymity etc. – allowed individuals to reveal more about self-identity than conventional social interactions <strong>[3]</strong>. In particular, the authors point out that the choices that online contributors make regarding their profiles, style of writing and topics that they follow represent an ideal version of themselves as opposed to their offline social identity which depends more on the perceptions of others about the individual.</p>
<p>Perhaps no-where is this more evident than the modern online media landscape in India. A look at some of the most popular content on the Indian sub-sections of Buzzfeed, Huffington Post and YouTube presents a revealing picture of modern young India that runs counter to the conventional notion of family-centricity and social conservatism. Channels such as Being Indian on YouTube that has videos asking Bengaluru citizens about penis sizes and Mumbaikars on office romances, content produced by popular Buzzfeed authors such as Rega Jha and Sahil Rizwan and hard-hitting editorials from outlets such as Quartz and Huffington Post regarding love, marriage, sexuality and abuse reflect an undercurrent of social liberalism that is unseen in conventional social circles.</p>
<p>But for all that online liberalism, a 2013 survey commissioned by the Taj Group of Hotels and carried out by market research agency IPSOS revealed that 75% of Indians in the age group of 18 to 35 preferred arranged marriages <strong>[4]</strong>. What explains this apparent cognitive dissonance? A possible answer comes from a study commissioned by the UK government in 2013. The study called ‘What is the relationship between identities that people construct, express and consume online and those offline?’ posits that it is easier to deconstruct online identities compared to offline ones – upload pictures, share content, post status updates. The offline identity, on the other hand, has a sense of permanence associated with it and more difficult to rebuild. In clash between a malleable identity and a permanent one, the permanent one wins out <strong>[5]</strong>.</p>
<p>This gives rise to an interesting conundrum – is it possible for one to take a decision for their offline identity based on information provided by someone who is representing their online self?</p>
<h3>Shaadi</h3>
<p>Anupam Mittal was working in a business intelligence firm in America during the dot com boom. Every year he used to visit his family back in India. On one of these visits in 1997, he had a chance meeting with a match-maker. After wriggling his way out of the encounter (there were many uncomfortable personal questions for his liking), he came up with an idea for a portal where prospective brides and grooms would be able to upload their profiles and cut out the middleman in India’s marriage ecosystem. This idea led to sagaai.com, which would eventually become shaadi.com <strong>[6]</strong>.</p>
<p>By 2008, Shaadi.com was one of India’s five most popular websites. It had over 300 million page views each month and 6000 profiles were added every day <strong>[7]</strong>. Since then, the online matrimony market has become more segmented and numerous clones have cropped up – most notably, Jeevansaathi.com and BharatMatrimony.com. While this has somewhat taken the sheen off from Shaadi’s dominance, the portal still remains the market leader in India.</p>
<p>In the numerous interviews that Mittal has given since the launch of Shaadi, he always attributes the success of the portal to one attribute – it makes the process of marriage easier <strong>[8]</strong>. This statement, however simple it may seem on the surface, actually encompasses a number of factors – a wider pool of prospective spouses, circumventing match-makers, objective representation, and testimonials of satisfied clients. However, collating a large number of prospective brides and grooms and facilitating the union is not a new phenomenon. It has been around for years in India – centuries in fact.</p>
<p>For a very long time, parents who wanted their children to be wedded in India would contact a marriage broker. This individual (or in some cases, agency) would keep on record the details of a large number of prospective life partners. Thereafter, much like a recruitment agency, they would match the details to the request of their clients and arrange a meeting. As news media began to grow in prominence in the nation, matrimony-seekers started to find a way around marriage brokers. This led to the emergence of matrimonial ads in newspapers <strong>[9]</strong>. The main advantage that matrimonial ads had was that they allowed people access to a huge number of prospective spouses – a much larger pool than those of marriage brokers <strong>[10]</strong>.</p>
<p>To understand why matrimonial websites supplanted both brokers and newspaper advertisements one has to look at the deficiencies in both systems. Brokers while primarily only facilitating introductions actually impact every facet of the wedding <strong>[11]</strong>. They would make the wedding arrangements, find the purohit (priest), fix the guest list, determine astrological suitability and (in the past) even negotiate the dowry. In each of these transactions, the broker has a profit motive, which is what makes brokers a very troubling medium – they have an incentive to do what is best for them and not for their clients. At its best, this might involve getting more expensive flowers for the ceremony. At its worst, they may knowingly push a bride into a marriage they know is unsuitable but would yield them greater profits.</p>
<p>Of course, if one wanted to not get into this system, they could always put out a matrimony ad in the newspaper. Except, the greatest advantage of matrimonial ads is also their greatest weakness. While it’s true that putting out an ad in a newspaper opened up a large number of choices for a man or woman, it also opened them up to the general public <strong>[12]</strong>. Instead of having a broker narrow down their options to a few people, the advertisers would now have to sift through a plethora of propositions – many of which they would never even consider. Shaadi was a game-changer in both these aspects. Customizability allowed users to pick and choose who was able to view their profiles on the website – thus eliminating solicitors who did not meet their criteria for a spouse <strong>[13]</strong>. At the same time, Shaadi’s revenue model limited its operations to only facilitating a meeting between the two parties. This kept in check the profit incentive that was inherent to brokers <strong>[14]</strong>. By identifying weak points in both models and catalyzing a beneficial change for the user, Shaadi.com (and other matrimonial websites) were able to gain a foothold in India’s marriage industry.</p>
<p>With over 2 million unions that were initiated online since the inception of Shaadi.com, it would seem as though online matrimony is a success <strong>[15]</strong>. However, there is a dark side to this phenomenon – a 2012 report by the Economic Times found that almost half the divorces in metros were by couples who met through a matrimony website. Unsurprisingly, the main reason for this was misrepresentation of details on online profiles <strong>[16]</strong>.</p>
<p>While the increasing acceptance of online matrimony points to its popularity and the success of decision-making based on the representation of the self-identity of individuals, the high number of divorces suggests that there are clear gaps in the system that can lead to some very uncomfortable situations. An examination of the decision-making process for internet-based tractions is required to understand why online matrimony-seekers make the decisions that they do and the consequences of those choices when it comes to marriage.</p>
<h3>Choices</h3>
<p>Economic theory bases decision-making on the principle of utility maximization <strong>[17]</strong>. Fundamentally, given a set of choices we would pick the option that gives us the greatest benefit for the lowest cost. Individuals weigh benefits on a set of criteria that are subjective in nature and differ from person to person – Akash may like 2 chocolates and 1 ice cream for Rs. 10 but Megha might prefer 2 ice creams and 1 chocolate for Rs. 10 instead.</p>
<p>The basic assumption in this model is that the choices are well-defined, i.e. there is no hidden information that might change the decision-maker’s opinion. Any hidden information changes the context within which the decision is taken – Megha certainly would not prefer to have ice creams if it was very cold that day. This has serious implications for a medium where decision-making is governed by trust on the parties furnishing the decision-maker with the facts upon which to make their choice.</p>
<p>Although there are many factors upon which an online suitor would base their decision to pursue a potential spouse, evidence from the operation of matrimonial websites has found that there are actually six criterions that matter the most – education, religion, age, height, work area and caste.[18] Evidence about misrepresentation among these six factors in Indian matrimony is sparse. However, research into western dating websites suggests that most of the fudging tends to occur for height, age and weight <strong>[19]</strong>. It should come as no surprise that these are the hardest factors to verify – a bride’s family may ask to see proof of the groom’s employment and education but would think twice before asking to measure his height or test his age.</p>
<p>Ensuring honesty on a matrimonial website is a difficult proposition. The profile creators are governed by the same economic theory of decision-making that was laid out earlier. If a prospective suitor thinks he would get a better spouse by increasing their height by a couple of inches or decreasing their age by a few years, why wouldn’t they lie? On the operators’ end, verifying the truth behind any of the claims is also problematic – how do you gauge the veracity of someone’s age by a picture? The problem on the operators’ end goes much deeper though and this is where the situation starts to get murky.</p>
<p>While physical characteristics are the easiest ones to be deceptive about one can also lie about their educational and employment credentials. The mandate of matrimonial websites is to connect brides and grooms. The onus of verifying the truth behind the claims made by either party lies on the opposite group and not on the operators of the medium <strong>[20]</strong>. Besides, verifying whether someone went to a particular university or not or is employed in the same capacity as their claims requires resources that matrimonial websites do not possess. This gives rise to the most troubling aspect of such websites – fraud.</p>
<h3>Deception</h3>
<p>In 2014, a Mumbai-based woman met a man named Michael Williams who claimed to be based in the United Kingdom on BharatMatrimony.com. After some weeks of courtship, Williams had swept her off her feet. In late July of that year, he informed her that he would be visiting India but upon his arrival, he informed her that he had been detained by the customs department for carrying excessive foreign currency and would require an ‘anti-terrorist certificate’ in order to be allowed in the country. He asked her for some money – the customs department required Indian currency – and she obliged. However, after receiving her assistance she did not hear from him again. Williams had duped her out of 2.93 lakhs.</p>
<p>Upon contacting BharatMatrimony.com, the portal informed her that they had suspended Williams’ profile and the responsibility of verifying his claims lay with her. After a protracted legal case, the Mumbai High Court ruled that the portal was not liable for fraud <strong>[21]</strong>.</p>
<p>This is not a unique case. Several cases of fraud, sexual abuse and harassment have occurred on matrimony websites <strong>[22]</strong>. Users have tried several mechanisms to verify the details that they are provided with on these sites. From asking probing questions to discern any possible duplicity to even hiring detectives to find the truth about their possible spouses and (more recently) checking social media profiles, men and women on matrimonial sites go to extreme lengths to determine the veracity of the information that they have been provided with <strong>[23]</strong>. However, not everyone is as vigilant and quite a few times terrible experiences ranging from theft to sexual assault have begun through a meeting on a matrimonial website <strong>[24]</strong> <strong>[25]</strong> <strong>[26]</strong>.</p>
<p>The lack of clear regulation and policy coupled with India’s lax laws governing online transactions make it difficult to draw a line where the responsibility of the websites end and that of the users begin. Fortunately, this situation is changing.</p>
<h3>Oversight</h3>
<p>Governments in most countries have an unusually significant role to play in an institution that is supposed to be between two people. From inheritance laws to prohibition of certain types of unions – most prominently and controversially the Defense of Marriage Act in the United States – governments straddle a complicated middle ground between having too much influence in marital affairs to having too little.</p>
<p>Even so, the Indian government’s involvement in marriage in especially extensive. From anti-dowry legislation to prohibition of child marriage, the government has always had a vital role to play.</p>
<p>In November 2015, the Indian government decided to set up a panel that would make recommendations for the regulation of matrimonial websites in order to check abuse <strong>[27]</strong>. The initiative is an undertaking of the Women and Child Development (WCD) ministry. The panel consists of members from the WCD ministry, Home ministry and Department of Electronics and Information Technology along with representatives from matrimonial websites such as Shaadi.com and Jeevansathi.com. Ministry officials pointed out that the growing number of cases of fraud and abuse occurring on such websites was the prevailing reason for the formation of the panel.</p>
<p>In June 2016, the panel made its recommendations. It was now mandatory for websites to keep track of the IP addresses of its users. Documentation from users would now also be solicited to verify their identity and curb instances of fraud. Matrimonial websites are also required to now explicitly spell out that they are for matrimony and not for dating <strong>[28]</strong>.</p>
<p>While the government has cited that these regulations are to protect users of these websites, the operators of these websites have so far declined to comment on the guidelines (at the time of writing of this essay, the full list of guidelines has not yet been made public and have not formally been presented to the operators of matrimonial websites) <strong>[29]</strong>. However, any protestations from operators notwithstanding, regulation will be an integral part of the future of matrimonial websites in India. This brings us to an important question – what indeed is the future of these websites? Will they withstand the crime that occurs on them or will they become an irreplaceable part of life in India?</p>
<h3>Future</h3>
<p>The online matrimony industry in India is estimated to be worth $225 million by 2017 <strong>[30]</strong>. In 2013 over 50 million new subscribers registered across these websites <strong>[31]</strong>. Despite, the stories of fraud and abuse that start on these portals and end in courts, matrimonial websites are growing and are here to stay.</p>
<p>Operators of these websites are undertaking various market development exercises to bring in new customers. The most visible of these is the segmentation of the market – BharatMatrimony and Shaadi, have launched a number of targeted community driven portals such as PunjabiMatrimony.com, EliteMatrimony.com, Bengalishaadi.com among others <strong>[32]</strong>.</p>
<p>In an interview of February 2015, Gourav Rakshit Chief Operating Officer of Shaadi.com laid out operational changes that the market leader is contemplating implementing. To prevent deceptive information provided by users, stricter guidelines regarding the upload of photographs on the website are being implemented as well as the implementation of a screening procedure for profiles and the development of a stronger relationship with the cyber-crime branch of law enforcement agencies <strong>[33]</strong>.</p>
<p>The final cog in the future of matrimony websites is technology. Mobile and real-time engagement strategies are being actively considered by these websites in their quest to drive up their user base and find new streams of revenue <strong>[34]</strong>.</p>
<p>But this not where the journey of matrimony websites ends. As with every great voyage, its conclusion is the beginning of another great expedition. Just as Shaadi.com and others had rode the early wave of disruption in the Indian wedding industry, so too are a number of new and upcoming internet-based services. Companies such as 7Vachan, Big Indian Wedding and ShaadiMagic offer a host of options for banquet halls, priests, makeup artists, photographers etc. These startups simplify the long process that is planning an Indian wedding. Would-be brides and grooms or their families can easily connect with vendors, make their final choices and organize every aspect of the wedding in a pristine manner instead of the general chaos that ensues while planning a wedding. As these companies prove, the disruption of the wedding industry that was started by matrimonial websites will continue in the foreseeable future <strong>[35]</strong>.</p>
<h3>Conclusion</h3>
<p>In the March 2005 issue of New York magazine, a New York-based author of Indian-origin chronicles her and her family’s trysts with arranged marriage <strong>[36]</strong>. The article titled ‘Is Arranged Marriage any worse than Craigslist?’ is an examination of the experiences of the Indian diaspora with an institution that is deeply ingrained in their identity. In it, the author recalls an experience from her childhood wherein she had fallen out of the window of their home as a baby and had broken her arm. According to her father, the primary concern of her mother was that they should never mention this incident to anyone as it would greatly increase the dowry her family would have to pay her husband. Aside from being an event that shows the contradictions that Indian expats face in a western countries, it also shows how deeply the institution of marriage is rooted in Indians’ identity.</p>
<p>According to UNICEF, 90% of marriages in India are arranged <strong>[37]</strong>. Parents center their children’s lives on the event right from the outset. To industrialize an environment that has such deep emotional connections within it is fraught with dangers and the online matrimony business has had to deal with fraud and abuse. But along the way, they have permanently disrupted the way Indians get married. The growing popularity of these websites are a testament not just to their efficacy but also to the spirit of a new India. Government intervention and the oversight of website operators is bringing about greater improvements in fraud detection and abuse prevention on these websites. As the market continues to evolve, bring in more users and cater to new audiences, online matrimony will continue to thrive in India for a very long time to come.</p>
<h3>Endnotes</h3>
<p><strong>[1]</strong> Anonymous. (n.d.). Mignon McLaughlin. In Wikipedia. Retrieved July 31, 2016, from https://en.wikipedia.org/wiki/Mignon_McLaughlin.</p>
<p><strong>[2]</strong> Anonymous. (n.d.). Madhuri Dixit Quotes. In BollyNook. Retrieved July 31, 2016, from http://www.bollynook.com/en/madhuri-dixit-quotes.</p>
<p><strong>[3]</strong> Renninger, K. A., & Shumar, W. (2002). Building virtual communities: Learning and change in cyberspace. Cambridge University Press.</p>
<p><strong>[4]</strong> IANS. (March 20, 2013). Indians swear by Arranged Marriage. In India Today. Retrieved July 31, 2016, from http://indiatoday.intoday.in/story/indians-swear-by-arranged-marriages/1/252496.html.</p>
<p><strong>[5]</strong> Miller, D. (2012). What is the relationship between identities that people construct, express and consume online and those offline?.</p>
<p><strong>[6]</strong> Anonymous. (May 11, 2012). Shaadi.com’s Anupam Mittal: A Bachelor Finds Success as an Online Matchmaker. In Knowledge@Wharton. Retrieved July 31, 2016, from http://knowledge.wharton.upenn.edu/article/shaadi-coms-anupam-mittal-a-bachelor-finds-success-as-an-online-matchmaker/.</p>
<p><strong>[7]</strong> Challapalli, S. (October 2, 2008). Online matrimonial services open new tech fronts. In The Hindu Business Line. Retrieved July 31, 2016, from http://www.thehindubusinessline.com/todays-paper/online-matrimonial-services-open-new-tech-fronts/article1638067.ece.</p>
<p><strong>[8]</strong> Pratap, R. (April 18, 2014). Right Click. In The Hindu Business Line. Retrieved July 31, 2016, from http://www.thehindubusinessline.com/blink/work/right-click/article5925468.ece.</p>
<p><strong>[9]</strong> Anonymous. (March 2015). History of Matrimonial Sites. In HatkeShaadi. Retrieved August 24, 2016, from www.hatkeshaadi.com/blog/2015/03/history-of-matrimonial-sites/.</p>
<p><strong>[10]</strong> Anonymous. (May 17, 2016). Are you contemplating Marriage? If Yes, Then Find A Soul-Mate via Amar Ujala. In myAdvtCorner.com. Retrieved August 24, 2016, from http://blog.myadvtcorner.com/matrimonial-newspaper-advertisement/are-you-contemplating-marriage-if-yes-then-find-a-soul-mate-via-amar-ujala/.</p>
<p><strong>[11]</strong> Anonymous. (April 14, 2014). Matrimonial India sites are better than marriage brokers. In Bharat Bhasha. Retrieved August 24, 2016, from http://www.bharatbhasha.com/marriage.php/440432.</p>
<p><strong>[12]</strong> Ahmed, A. (March 19, 2012). Online Matrimonial Sites versus Conventional Matrimonial Methods. In Bharat Bhasha. Retrieved August 24, 2016, from http://www.bharatbhasha.com/marriage.php/356114.</p>
<p><strong>[13]</strong> Anonymous. (n.d.). Understand SimplyMarry Better. In SimplyMarry.com. Retrieved August 24, 2016, from http://www.simplymarry.com/matrimonial/faq.</p>
<p><strong>[14]</strong> Anonymous. (April 14, 2014). Matrimonial India sites are better than marriage brokers. In Bharat Bhasha. Retrieved August 24, 2016, from http://www.bharatbhasha.com/marriage.php/440432.</p>
<p><strong>[15]</strong> Albright, J. M., & Simmens, E. (2014). Flirting, Cheating, Dating, and Mating. The Oxford Handbook of Virtuality, 284.</p>
<p><strong>[16]</strong> Julka, H. and Vishwanath, A. (June 26, 2013). Matrimony portals making serious efforts to counter rising tide of divorces, ensure lasting unions. In Economic Times. Retrieved July 31, 2016, from http://articles.economictimes.indiatimes.com/2013-06-26/news/40206906_1_portals-online-bharatmatrimony-com.</p>
<p><strong>[17]</strong> Margalit, L. (July 4, 2014). The Rational Model and Online Decision Making. In Psychology Today. Retrieved July 31, 2016, from https://www.psychologytoday.com/blog/behind-online-behavior/201407/the-rational-model-and-online-decision-making.</p>
<p><strong>[18]</strong> Anonymous. (May 11, 2012). Shaadi.com’s Anupam Mittal: A Bachelor Finds Success as an Online Matchmaker. In Knowledge@Wharton. Retrieved July 31, 2016, from http://knowledge.wharton.upenn.edu/article/shaadi-coms-anupam-mittal-a-bachelor-finds-success-as-an-online-matchmaker/.</p>
<p><strong>[19]</strong> Hodge, G. (December 10, 2012). The Ugly Truth of Online Dating: Top 10 Lies Told by Internet Daters. In Huffington Post. Retrieved July 31, 2016, from http://www.huffingtonpost.in/entry/online-dating-lies_b_1930053.</p>
<p><strong>[20]</strong> Dhawan, H. (February 2, 2016). ID proof may become mandatory for registering on Shaadi websites. In Times of India. Retrieved July 31, 2016, from http://timesofindia.indiatimes.com/tech/tech-news/ID-proof-may-become-mandatory-for-registering-on-Shaadi-websites/articleshow/50814355.cms.</p>
<p><strong>[21]</strong> Khan, A. (March 29, 2015). HC quashes FIR filed by ‘duped’ woman against matrimonial site. In The Indian Express. Retrieved July 31, 2016, from http://indianexpress.com/article/cities/mumbai/hc-quashes-fir-filed-by-duped-woman-against-matrimonial-site/.</p>
<p><strong>[22]</strong> Nair, S. (November 19, 2015). Government panel to check fraud on matrimonial websites. In The Indian Express. Retrieved July 31, 2016, from http://indianexpress.com/article/india/india-news-india/govt-panel-to-check-fraud-on-matrimonial-websites/.</p>
<p><strong>[23]</strong> Hema. (September 15, 2012). Tips for assessing genuineness of a matrimonial profile. In Matrimonial Blog. Retrieved August 24, 2016, from http://matrimonialblog.com/general/2012/tips-for-assessing-genuineness-of-a-matrimonial-profile-stop-fraud/.</p>
<p><strong>[24]</strong> Praveen, P. (July 11, 2015). The web of deceit. In Deccan Chronicle. Retrieved August 28, 2016, from http://www.deccanchronicle.com/150710/lifestyle-relationship/article/web-deceit.</p>
<p><strong>[25]</strong> Aman, S. (November 24, 2014). Fraud and Cheats Rule Matrimonial Sites. In The New Indian Express. Retrieved August 28, 2016, from http://www.newindianexpress.com/cities/hyderabad/2014/11/24/Fraud-and-Cheats-Rule-Matrimonial-Sites/article2537595.ece.</p>
<p><strong>[26]</strong> Ameer, T. (August 12, 2015). Matrimonial portals set to face the music over dubious profiles. In Millenium Post. Retrieved August 28, 2016, from http://millenniumpost.in/NewsContent.aspx?NID=145048.</p>
<p><strong>[27]</strong> Philip, S. (June 3, 2016). No casual hookups on matrimonial sites as govt lays down rules. In Live Mint. Retrieved July 31, 2016, from http://www.livemint.com/Politics/1PFh6Uakl1mhEaQTxzGZuK/No-casual-hookups-on-matrimonial-sites-as-government-lays-do.html.</p>
<p><strong>[28]</strong> Philip, S. (June 3, 2016). No casual hookups on matrimonial sites as govt lays down rules. In Live Mint. Retrieved July 31, 2016, from http://www.livemint.com/Politics/1PFh6Uakl1mhEaQTxzGZuK/No-casual-hookups-on-matrimonial-sites-as-government-lays-do.html.</p>
<p><strong>[29]</strong> Philip, S. (June 3, 2016). No casual hookups on matrimonial sites as govt lays down rules. In Live Mint. Retrieved July 31, 2016, from http://www.livemint.com/Politics/1PFh6Uakl1mhEaQTxzGZuK/No-casual-hookups-on-matrimonial-sites-as-government-lays-do.html.</p>
<p><strong>[30]</strong> PTI. (December 17, 2013). Online matrimony business likely to touch Rs. 1,500 cr by 2017. In The Hindu Business Line. Retrieved July 31, 2016, from http://www.thehindubusinessline.com/info-tech/online-matrimony-business-likely-to-touch-rs-1500-cr-by-2017/article5470871.ece.</p>
<p><strong>[31]</strong> Ganapathy, N. (June 15, 2016). More fraud cases as India embraces marriage sites. In Straits Times. Retrieved July 31, 2016, from http://www.straitstimes.com/asia/more-fraud-cases-as-india-embraces-marriage-sites.</p>
<p><strong>[32]</strong> afaqs! News Bureau. (September 9, 2009). Bharatmatrimony.com unveils 250 community based matrimonial sites. In afaqs!. Retrieved July 31, 2016, from http://www.afaqs.com/news/story/24904_Bharatmatrimonycom-unveils-250-community-based-matrimonial-sites.</p>
<p><strong>[33]</strong> Nair, S. (February 16, 2015). Mobile will disrupt matrimonial space in India, says Gourav Rakshit of Shaadi.com. In First Post. Retrieved July 31, 2016, from http://www.firstpost.com/business/corporate-business/mobile-will-disrupt-matrimonial-space-in-india-says-gourav-rakshit-of-shaadi-com-2097637.html.</p>
<p><strong>[34]</strong> Nair, S. (February 16, 2015). Mobile will disrupt matrimonial space in India, says Gourav Rakshit of Shaadi.com. In First Post. Retrieved July 31, 2016, from http://www.firstpost.com/business/corporate-business/mobile-will-disrupt-matrimonial-space-in-india-says-gourav-rakshit-of-shaadi-com-2097637.html.</p>
<p><strong>[35]</strong> Soni, S. (September 19, 2015). The great Indian wedding is now an online affair . In Entrepreneur India. Retrieved August 24, 2016, from https://www.entrepreneur.com/article/250863.</p>
<p><strong>[36]</strong> Jain, A. (March 2005). Is Arranged Marriage Really Any Worse Than Craigslist?. In New York Magazine. Retrieved July 31, 2016, from http://nymag.com/nymetro/news/culture/features/11621/index1.html.</p>
<p><strong>[37]</strong> Lai, J. (June 1, 2012). Arranged Marriage: CNN Examines The Age-Old Practice In India. In Huffington Post. Retrieved July 31, 2016, from http://www.huffingtonpost.in/entry/arranged-marriage_n_1560049.</p>
<h3>Author's Profile</h3>
<p>Abhimanyu Roy is a researcher who specializes in the social applications of emerging technologies for the urban poor. His work has been featured at conferences at MIT and the World Bank and in publications by Harvard University.</p>
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For more details visit <a href='http://editors.cis-india.org/raw/the-curious-incidents-on-matrimonial-websites-in-india'>http://editors.cis-india.org/raw/the-curious-incidents-on-matrimonial-websites-in-india</a>
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No publisherAbhimanyu RoyResearchers at WorkInternet StudiesRAW Blog2016-08-30T10:52:50ZBlog EntryTech Anthropology Today: Collaborate, Rather than Fetishize from Afar
http://editors.cis-india.org/raw/tech-anthropology-today-collaborate-rather-than-fetishize-from-afar
<b>"That is why the 'offline' if you will is so critical to understanding the 'online'—because they do not exist in isolation and what we have constructed is an illusory binary between the two." In this interview, Geert Lovink discusses with Ramesh Srinivasan: “how can we embrace the realities of communities too-often relegated to the margins?”</b>
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<p><em>Cross-posted from <a href="https://nettime.org/Lists-Archives/nettime-l-1705/msg00001.html">nettime.org</a>.</em></p>
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<p><strong>“How can we embrace the realities of communities too-often relegated to the margins?”</strong></p>
<p>In <em>Whose Global Village?</em> (NYUPress, 2017) UCLA scholar Ramesh Srinivasan travels the globe in order to find out much techno-autonomy there’s still left. Now that more than half of the world has moved to urban centres, the rural population is literary a minority and is kindly asked to adjust accordingly. This makes Srinivasan’s work even more urgent when he asks “what the internet, mobile phone or social media platforms may look like when considered from the perspectives of diverse cultures.”</p>
<p>The communities Ramesh Srinivasan visits are on the defensive, in a process of fragmentation. “There is a disconnection not just from one another,” he writes, “but also from the common threads of their history and culture. The tribes and villages experience “placelessness, fragmentation of identity, and dissolution of social bonds.” Throughout the study, which took place between 2004-2013, Srinivasan reports from the rising gap between the proposed technologies (such as videos, websites, databases) and the ‘techno-solutionism’ (as described by Morozov) that he wants to prevent. Ramesh is so honest to present this dilemma as an inner struggle of today’s anthropologist with a technology background. Computers and smart phones are an integral part of the everyday life—no matter where we go—and can no longer be presented as liberating tools. This put the ‘ICT for development’ researcher is an awkward position. Post-colonial theories have widely been read and their influence (from Fanon, Said to Spivak) is having an inevitable impact. This in turn leads to a new attitude that I would describe as ‘radical modesty’ (if not ‘vital pessimism’).</p>
<p>While studying the impact of the Tribal Peace system that he and others installed to connect the different Navajo tribes in San Diego County, Srinivasan realises that he has to work with rather than ignore the networks that exist. “It was neither the technology nor institutions that connected the people I had met. Instead, the very few threads of kinship I noted were related to revered individuals, regarded by most with collective respect and as a source of inspiration.” It is with and through the elders that he starts to draw up information architectures (or ‘ontologies’), listing topics, themes, and values across the native reservations. How can ‘lateral networks’ be supported in a a process of what James Carey calls ‘ritual communication’?</p>
<p>Needless to say this approach takes us light years away from Facebook and other social media. This is only in part a question of translating interfaces to local indigenous languages. The proposed systems require the design of its own visual metaphors, reminding us of 1990s multi-media navigation screens, meant to represent digital storytelling. This is dealt with in closed, or semi-open networks, paying respect to the different experiences of time and space. These ideas are put to the test in the last part of the book that describes the encounter with the Zuni tribe (Arizona/New Mexico), where Ramesh Srinivasan worked together with Robin Boast. It is amongst the Zuni peoples that the researchers encounter the distrust against anthropologists. “Our Zuni friends voiced feelings of misrepresentation and anger at their objectification. They explained that social scientists would visit their community, exoticize their traditions and customs, and extract what they could to benefit their own agendas rather than those of the community.”</p>
<p>The gained detachment aims to put the researcher “at the service of our friends and partners.” Important is no longer the one-way transfer of knowledge but the art of listening. Towards the end of his study Ramesh asks: “What would it mean to step away from top-down understandings of the internet and instead ‘splinter’ the way we think about technologies and the communities they may support?” As an activist in Egypt explained: “We do not need another NGO or a new dialogue.com to solve our problems—we just need you to listen, support our voices, an pay attention to what we we do.” <em>Whose Global Village?</em> adequately describes the moral and methodological crisis in the ‘ICT for Development’ field. The wide condemnation of Facebook’s neo-colonial internet.org balloon campaign to bring access (to Facebook) to hundreds of millions of rural poor in India clearly marks a paradigm shift. Access is no longer a benevolent project. It’s clear that ICT for Development as such does not contribute to a redistribution of wealth and makes global inequality only worse. So much for internet charity.</p>
<p><strong>Ramesh admits:</strong> “Trained as a designer and engineer, I recognize my innate tendency to valorize my power to come up with a set of solutions for any challenge at hand. Yet every project I have described illustrates the valuable insights gained when I put aside my own agenda and bias as much as possible to open myself to experiences that could not have been predicted from afar.” This modesty sounds like a new starting point. But is it also resulting into new concepts and narratives? This might be too much to ask of a single publication (in fact, the first book publication of this author). The ‘tactical distance’, created out of respect for the communities-in-defence, results into rather sparse information about the places we visit. There are no interview fragments included in the book, and the few local leaders that we encounter do not speak to the reader in a direct manner. The chosen way to report creates a vague cloud of secrecy around the research itself. What happens when we listen but do not acknowledge the Other? Were more detailed research results published elsewhere or only accessible for donors (a common practice in NGO land)? What happens when we listen but do not acknowledge the Other? Is it too risky to give them a voice? Might their opinions and desires be too ordinary, too radical, or simply not what we want to hear? What if they do not fit our Western expectations? The Others are humans, after all, and, like us, tend not to live up to expectations. These, and more, are some of the questions we encounter once we give up on the development rhetoric.</p>
<p><strong>Geert Lovink:</strong> You’ve been in a lucky, privileged position to travel so often and witness events and encounter communities in diverse places such as Cairo during the 2011 uprising, with the Zapatistas Chiapas, doing research in the land of your ancestors, South India and on reservations in the South-West of the United States. The offline encounter in-real-life seems to be constitutional for your theory. In the past scholars travelled through the library and many these days do not leave their screens while processing their ‘big data’. Digital ethnography, on the other hand, seems to require direct exchanges with the Other. This assumption pops in all chapters. Is travelling the new luxury? Or should we say that it is rather dedicated time? Once you arrive elsewhere there is suddenly another time regime.</p>
<p><strong>Ramesh Srinivasan:</strong> Indeed, I think all of us as researchers and teachers are nothing if not 'lucky' or 'privileged'. And you're certainly on point to recognize that the root of my scholarship and activism locates technologies within an assemblage of other factors - peoples, places, infrastructures, and environments. Yet it is essential that I do not collaborate with (rather than ‘study of’) any community unless I am invited to do so and where our efforts are focused on initiatives that live and are owned by that group itself.</p>
<p>That is why the 'offline' if you will is so critical to understanding the 'online'—because they do not exist in isolation and what we have constructed is an illusory binary between the two. If we want to be of service and understand the complex relationships between technologies, politics, and cultures—as I attempt to do via the multiple case studies discussed in the book, we need to put our bodies and hearts in places rather than our distant gaze. It's critical for me to not step foot anywhere where I am not invited first, and to critically think about my role and power as I enter different environments. Indeed, the book is full of ethnographies of attempting to listen more than make, and how I eschew the 'study of' any community and instead write about what we create and work on together. My goal is to collaborate rather than study, rather than fetishize from afar.</p>
<p><strong>GL:</strong> <em>Whose Global Village?</em> has an unusual time span of 10-14 years. First research goes back to 2003-2004. Some case study closed in 2005 while most literature dates from 2012-2013. In between, the 2008 global financial crisis occurred, the smart phone was launched and apps became mainstream. How did you deal with these constant changes? Are you proposing a ‘longue durée’ in media studies and internet criticism’? What are the benefits of this approach? How do you see ‘grassroots storytelling’ dealing with the relentless changes of platforms, interfaces and protocols? Do remote communities have a different approach to the latest fashion and the famous ‘fear of missing out’?</p>
<p><strong>RS:</strong> There are some dynamics that don't change no matter what app, gadget or platform has captured the popular imagination. That is—the realities of power over how technologies are designed, owned, and politically or economically appropriated. The book starts with the simple but surprisingly ignored sociotechnical truism - People and societies shape and are shaped by technologies. Yet such a small percentage of Internet users have any power over the design process let alone any sovereignty over what occurs with their data and identities as they are refracted onto digital networks. Those issues are timeless and all the more urgent today. I focus on the political and cultural flashpoints where by users and communities can reign in their blind trust of new digital platforms and instead take power over these in relation to their local concerns and agendas.</p>
<p><strong>GL:</strong> As a media activist you have a background in engineering. However, at UCLA you work inside library science (called ‘information studies’). However, you seem to relate most to the role of anthropologist, in that you deeply desire not make past mistakes in encounters with ‘the Other’. In this context you work with Mary Louise Pratt’s theory of the contact zones and apply this to the design of ‘multiple ontologies’. I never hear IT engineers talking about contact zones. How do you want to carry your insights into the tech world? After all, you live in California. Who else is going to do this? What could be a good strategy? How do you look at the Bay Area and the global geek class they still dominate in terms of its global imaginary?</p>
<p><strong>RS:</strong> I see myself as a scholar who can contribute to fields that tend to remain mostly distinct in the academy—design, engineering, cultural studies, media studies are but a few. If I was ever an IT ‘geek’ that was decades ago!</p>
<p>To engage in the charge of the book, of locating our understandings of digital networks and systems in relation to diverse cultures and users worldwide, all of these fields are useful to invoke and bring into dialogue with one another. I'm fortunate to be in a department that supports this interdisciplinarity and indeed as you stated, coming from California and trained in engineering here, I believe it is all the more important to question the black boxes not just of Silicon Valley hardware and software platform design but to push these incredibly powerful technologies to open up to an engaged, conversational social contract with diverse publics.</p>
<p><strong>GL:</strong> Over the past 10-15 years we’ve seen the closing down of the possibility space of the Web and the rise of the ‘easy to use’ template culture of social media. The technologies that you’ve proposed and built seem to move away from the consumer culture. In South India you’re spread video cameras, elsewhere you’ve developed a dedicated Tribal Peace system interface (as part of a stand-alone website) while for the Zuni communities you’ve utilized the FileMaker Pro Advanced database software. Not Facebook, Twitter, Instagram or YouTube (and no wikis either). Can you elaborate on this?</p>
<p><strong>RS:</strong> It's important to not assume that naively putting content online is somehow empowering. Indeed, that which we ‘share’ (eg; sharing economy) asymmetrically builds power and value for the platform holder and all those that can monetize it. As a result, we increasingly know that corporate proprietary platforms such as Facebook or Google are hardly designed to directly support a user's sovereignty or agency. The interest, across each of the book's chapters, is to instead think about how the communities with which I collaborate can have their interests served via technologies either that we design together or appropriate/subvert in various ways. Far too often we see examples where such 'participation' actually does little to shape any cultural or political cause from the grassroots. So we think agnostically and critically about the systems, networks and infrastructures we use in relation to our collaborations.</p>
<p><strong>GL:</strong> Can you tell us what you’ve been doing over the past few years? Did you continue to work in the same direction? The book indicates that your collaboration with Robin Boast and the work with the Zuni Native American Reservation seems to continue.</p>
<p><strong>RS:</strong> My interests lie in that important space between understanding how technologies may aid and support grassroots political movements and diverse user communities. The Zuni collaboration, described in chapter 4, is interested in that cause in relation to the political and cultural sovereignty of a tribe that was not just historically colonized but still faces the objectification and misrepresentation of new forms of coloniality online.</p>
<p>The cases in the book look at both political movements as well as diverse cultures and communities. Currently, I am collaborating with activists and indigenous Zapotec and Mixtec communities in the Oaxaca Mexico region, one of the most biodiverse and culturally/linguistically diverse parts of our world. In this work, I am writing about the Rhizomatica project (invoking Deleuze/Guarttari's rhizome) where these communities are designing their own collectively-owned cell phone networks in cloud forests all around the region. This has massive political and economic effects. What we see here is a rhizome in the making, a set of networks, systems, and infrastructures shaped and produced from the grassroots, by communities and for communities, and not for the major corporations of our world that tend to on the surface exploit and monitor the activities of these people. More on this amazing project, including some videos at www.rhizomatica.org . I believe that as we start to think about this new effort, that Lisa Parks and I describe as 'network sovereignty', we can start to embark on a path I describe in detail in chapter 5 of the book, of getting back the social contract and communitarian potential of technology to serve democratic agendas located in people's politics and cultures.</p>
<p>I am hopeful we can start that conversation now. I attempt to continue it via my soon to be released second book, After the Internet (with Adam Fish, Polity, end 2017) which looks at examples ranging from Iceland’s Pirate Party, hacktivism, the Silk Road, the Arab Spring, and other activist movements that re-imagine new technologies in relation to grassroots power and voice.</p>
<h4>Reference</h4>
<p>Ramesh Srinivasan, <em>Whose Global Village? Rethinking How Technology Shapes Our World</em>, New York University Press, New York, 2017.</p>
<h4>Profiles</h4>
<p><strong>Ramesh Srinivasan</strong> is Associate Professor of Information Studies with a courtesy appointment in Design|Media Arts. Srinivasan, who holds M.S and Doctoral degrees, from the MIT Media Laboratory and Harvard's Design School respectively, has focused his research globally on the development of information systems within the context of culturally-differentiated communities. He is interested in how an information system can function as a cultural artifact, as a repository of knowledge that is commensurable with the ontologies of a community. As a complement, he is also interested in how an information system can engage and re-question the notion of diaspora and how ethnicity and culture function across distance. This research allows one to uncover mechanisms by which indigenously-articulated forms of development can begin to occur, as relating to his current work in pastoral and tribal communities in Southern India. His research therefore involves engaging communities to serve as the designers, authors, and librarians/archivists of their own information systems. His research has spanned such bounds as Native Americans, Somali refugees, Indian villages, Aboriginal Australia, and Maori New Zealand.</p>
<p><strong>Geert Lovink</strong> is a media theorist, internet critic and author of Dark Fiber (2002), Zero Comments (2007), Networks Without a Cause (2012) and Social Media Abyss (2016). Since 2004 he is researcher in the Faculty of Digital Media and Creative Industries at the Amsterdam University of Applied Sciences (HvA) where he is the founder of the Institute of Network Cultures. His centre recently organized conferences, publications and research networks such as Video Vortex (the politics and aesthetics of online video), Unlike Us (alternatives in social media), Critical Point of View (Wikipedia), Society of the Query (the culture of search), MoneyLab (internet-based revenue models in the arts) and a project on the future of art criticism. From 2004-2013 he was also associate prof. at Mediastudies (new media), University of Amsterdam. Since 2009 he is professor at the European Graduate School (Saas-Fee/Malta) where he supervises PhD students.</p>
<p> </p>
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For more details visit <a href='http://editors.cis-india.org/raw/tech-anthropology-today-collaborate-rather-than-fetishize-from-afar'>http://editors.cis-india.org/raw/tech-anthropology-today-collaborate-rather-than-fetishize-from-afar</a>
</p>
No publisherGeert Lovink and Ramesh SrinivasanInternet StudiesRAW BlogEthnographyOfflineResearchers at Work2017-05-16T14:51:09ZBlog EntryStudying the Internet Discourse in India through the Prism of Human Rights
http://editors.cis-india.org/raw/blog_studying-the-internet-discourse-in-india-through-the-prism-of-human-rights
<b>This post by Deva Prasad M is part of the 'Studying Internets in India' series. Deva Prasad is Assistant Professor at the National Law School of India University (NLSIU), Bangalore. In this essay, he analyses key public discussions around Internet related issues from the human rights angle, and explores how this angle may contribute to understanding the features of the Internet discourse in India.</b>
<p> </p>
<h2>Introduction</h2>
<p>The significance of Internet as an important element and tool in day-to-day life of mankind is an established experiential fact. The intrinsic value that Internet brings to our lives has transformed the access to Internet as a necessity. Internet’s intrinsic value acts an enabling tool for information, communication and commerce to be effectively and expeditiously carried forward. It is to due to this enormous intrinsic value attached with Internet that there is an emerging trend of exploring Internet from the perspective of human rights. Moreover, Internet as a medium also helps in furtherance of human rights [1]. Social movements have attained a new lease of life with the digital activism over Internet. Arab spring is an epitome of this phenomenon.</p>
<p>There is an emerging positive trend of linking established norms of human rights with Internet. The Report of the Special Rapporteur on the right to freedom of opinion and expression has vividly explained the possibility and feasibility of extending and extrapolating the right of freedom of opinion and expression to Internet medium (Article 19 of the UDHR and the ICCPR) [2]. The Special Rapporteur also highlights the need to have access to Internet for effective enjoyment of right to freedom of opinion and expression in the digital sphere. The UN High Commissioner on Human Right’s report on‘The Right To Privacy In The Digital Age’ also explicitly highlights the significance of protecting the right to privacy in the internet medium in light of extensive “surveillance and the interception of digital communications and the collection of personal data” [3]. The extensive interception and blocking of the online communication is also a pertinent reason, which calls for human right protection to be extended to Internet.</p>
<p>The WSIS Declaration for Building of Information Society [4] and the Charter of Human Rights and Principles for the Internet [5] also have played a significant role in furthering the inter-linkage between human rights and Internet.</p>
<p>The Internet and human rights policy developments have gathered significant relevance in international human rights law and Internet policy fora. But it is interesting to note that the Indian government and state institutional mechanisms have not yet pro-actively accepted relevance of applying human rights norm to the Internet medium in India.</p>
<p>As an essay in the Studying Internet series, it is important to highlight how human rights acts as underlying factors in many socio-political issues pertaining to Internet in India. Analysis of these issues helps us to understand that, even though the Indian state turns a blind eye to the human rights element in the various socio-political issues relating to Internet, the digitally conscious Indian’s have realized their rights and even fought their own battle for exercising their rights.</p>
<p>In recent years, the Internet discourse in India has witnessed many socio-political concerns. This essay would be exploring the pertinent socio-political issues in Indian context and the underlying link to human rights thread. Globally, exploring Internet from the perspective of human rights brings out multitude of issues, which requires application of established human rights norms of right to privacy, freedom of expression, access. The story in India is no different. In this regard, three socio-political issues relating to Internet, which gained much attention in India roughly in last one year, are being analyzed. Interestingly, all three issues have an underlying thread of human right perspective connecting them and need pertinent deliberation from human rights perspective.</p>
<p> </p>
<h2>Section 66A and Freedom of Speech and Expression</h2>
<p>The lack of freedom of expression on Internet and Section 66A of Information Technology Act, 2000 is an interesting case study. Indian government used Section 66A as a tool for extensive surveillance and had taken criminal legal action against the Internet and social media users for posting the offensive comments and posts. But Section 66A was badly drafted allowing the government to initiate criminal legal action in an arbitrary and whimsical manner. Thus such a provision could be misused by the state for curbing the freedom of expression in the Internet sphere. The rampant usage of the Indian state machinery of Section 66A had led to sharp reaction amongst the Internet and social media users in India. The vagueness in language and unconstitutionality of Section 66A were criticized by legal experts. The action of state machinery in arresting a cartoonist, a professor and two girls in Maharashtra [6] (and many others) for comments and post on social media against politicians, had made it evident the lack of respect for freedom for speech and expression on Internet by the Indian state machinery (Most of these incidents took place during the year 2012). These incidents led to wide spread protest for violation of human right to freedom of speech and expression by the digital media users. When the Public Interest Litigation [7] filed by Shreya Singhal led to the Supreme Court striking down the Section 66A on 24th March, 2015 for lack of due process being followed, it was a water shed moment for internet discourse in India. The significance of human rights (especially the freedom of speech and expression) in the Internet medium got asserted.</p>
<p> </p>
<h2>Net Neutrality and Internet Access Issue</h2>
<p>The recent net neutrality debate in India has also evoked deliberation about the right of equal access to Internet and the need to maintain Internet as a democratic space. The net neutrality debate on keeping Internet a democratic space that is equally accessible to everyone has got much vogue in India. An important point that needs to be emphasized in the debate regarding net neutrality in India is the equal access question being raised. The equal access question is more a product of the lack of regulatory clarity regarding TRAI’s (Telecom Regulatory Authority of India) capacity to regulate the Over-the top (OTT) services; coupled with the lack of well stipulated right to internet access in the Indian context.</p>
<p>The net neutrality rides on the premise that the entire data available on the Internet should be equally accessible to everyone. No discrimination should be allowed regarding access to a particular website or any particular content on the Internet. Tim Wu, a renowned scholar in Internet and communication law has mentioned in his seminal work, <em>Network Neutrality and Broadband Discrimination</em>, that network neutrality signifies “an Internet that does not favor one application” [8].</p>
<p>In this regard, there has been a constructive dialogue between the Federal Communication Commission in United States and the various stakeholders. An interesting development was a proposition, which attempted to classify broadband internet service access as a public utility [9]. There is much relevance for such debates in the Indian context. India also needs public participation (especially strong voices from internet user’s perspective) to highlight these access concerns regarding Internet. Human right’s concerns regarding Internet should be pro-actively brought to the attention of regulatory institutions such as TRAI. There is need to balance the economic and for-profit interest of service providers with the larger public interest based on equal access.</p>
<p>The pressure created by public opinion through online activism upon the TRAI’s proposal to regulate the OTT services helps in understanding the power of public participation in the pertinent human rights issues relating to Internet [10]. The broader design in which the principle of human rights in the context of Internet medium would have to be asserted in India is also vividly seen in the case of protest against OTT regulation.</p>
<p> </p>
<h2>Right to be Forgotten in EU and Repercussions in India</h2>
<p>The repercussions of ‘Right to be Forgotten’ judgment of European Union also had led to debate of similar rights in Indian context. The Google v. AEPD and Mario Cosjeta [11] is an interesting case decided by the Court of Justice of European Union, where the court held that based on the right to privacy and data protection, persons could ask databases (this case was against the search engine Google) on Internet medium to curtail from referring to certain aspects of their personal information [12]. This is basically referred to as ‘right to be forgotten’.</p>
<p>Viktor Mayor Schonberg in his book <em>Delete: The Virtue of Forgetting in Digital Age</em> has elaborated the problem of how the digital age coupled with the Internet has led to store, disseminate and track information in a substantially easy way and advocates for the more informational privacy rights [13]. In this judgment, the Court of Justice of European Union has furthered the information privacy rights in the European Union with the ‘right to be forgotten’.</p>
<p>In the Indian context, it is important to note that information privacy rights are yet to evolve to the extent that of European Union with definite privacy and data protection law. But interestingly, there was a request made to a media news website by a person attempting to enforce the right to be forgotten [14]. Even though the application of right to be forgotten is not directly applicable in the Indian context, this event throws light to the fact that Internet users in India are becoming conscious of their rights in the Internet space. The way Indian news media gave relevance to the right to be forgotten ruling also is an example of how there is an implicit recognition of the interlink between human rights and Internet that is slowly seeping into the Indian milieu.</p>
<p> </p>
<h2>Internet Discourse in India and Human Rights</h2>
<p>Discussion of the three issues mentioned above points out to an important fact that human rights are not pro-actively applied to the Internet medium by the Indian state machinery. Even though the international human rights law and various Internet policy organizations are pushing the Internet and human rights agenda, the same is yet to gain momentum in India.</p>
<p>But at the same time, an interesting development that could be witnessed from the above discussion is the manner in which the Internet users are asserting their rights over the Internet and slowly paving the path for an enriching view towards applying the human rights perspective to Internet. In the first instance, the freedom of speech and expression was not pro-actively applied to the digital space and Internet. This has happened when Article 19 of Constitution of India has clearly provided for freedom of speech and expression. The second instance of net neutrality has thrown wide open the lack of clear policy regarding Internet access in Indian context. The public opinion has pointed out to the fact that there is a public interest demand to ensure that there is no discrimination in the case of Internet access. The third instance of looking at ‘right to be forgotten’ in Indian perspective, provides the understanding that the users of Internet are becoming conscious of their individual rights in the digital space in a more affirmative manner.</p>
<p>Further, the operationalization of human rights in these three instances also needs to be critically looked into. The assertion of the freedom of speech and expression in the Internet medium could be made possible effectively due to the fact that Article 19 of the Constitution of India, 1950, protects freedom of speech and expression. The vast amount of precedence existing in the field of freedom of speech and expression relating to constitutional litigation and allied jurisprudence has helped in crafting the extension of the right of freedom of expression to the digital medium of Internet. Further, using the social action tool of Public Interest Litigation, the unconstitutionality of Article 19 of the Constitution of India, 1950 could be brought before the Supreme Court.</p>
<p>But interestingly, the net neutrality issue, which is concerning the access to Internet in a non-discriminatory manner, is yet to be perceived in Indian context from a strong human rights perspective. Internet access as a public utility concept is yet to be evolved and articulated in concrete manner in the Indian context. Further, the Indian network neutrality discourse attempts to operationalize through the free market approach. In the free market approach the entire non-discriminatory access has to be ensured by the market competition with the necessary regulatory bodies. In this sense, the human rights angle of access to Internet will have to be ensured by effective competition in the market along with the proper oversight of regulatory bodies such as TRAI and Competition Commission of India. It is important for the regulatory bodies to have broad goals for furthering public interest by ensuring non-discriminatory access to Internet. Further, with the financial and infrastructure led limitations of government’s capability of ensuring access to Internet for all, the market-led model with sufficient regulation might be the right way forward.</p>
<p>Looking at the issue of the right to be forgotten, it could be easily perceived that the Indian milieu is yet to articulate privacy rights to that high standard. Even though the right to privacy is being understood in the constitutional law context through effective interpretation by the judiciary, the concept of digital privacy has not yet evolved in India. There is no collective understanding, till now, that has emerged regarding right to be forgotten in India. Even though individual attempts to assert the right was witnessed, there is much room for an evolved collective understanding in Indian context. Civil society organizations would have a crucial role to play in this regard.</p>
<p>There is an emerging consciousness amongst a set of Internet users in India, who values and gives importance to the Internet being a democratic space, without unwanted restriction from the government machinery or even the private entities. Hence looking at the Internet discourse of India from the perspective of human rights, there is an implicit way in which the human rights are being applied to the Internet space. The lack of a state’s pro-active approach in asserting human rights to Internet space is highlighted by the assertions being made by the Internet users in India.</p>
<p> </p>
<h2>Way Forward</h2>
<p>For Internet to remain as a democratic space, there is need for pro-active application of these human rights norms and clear understanding in Internet governance. At present, the state of affairs in India regarding application of human rights to Internet is far from satisfactory.</p>
<p>This essay which is part of the ‘Studying Internet in India’ series, has till now done a stock taking analysis of emerging dimension of human rights and Internet in India. Lack of interest from government and state machinery to further the human rights and Internet dimension need to be seriously reconsidered. Attempting to intervene in Internet law and policy in India from the rights based approach should be an important agenda for furthering digital rights in India. For this, civil society organizations have an important role to play. Exploring the public interest could be done effectively with public participation of stakeholders. Here in, platforms such as India Internet Governance Forum could play a crucial role.</p>
<p>Apart from the civil society organizations, it is also pertinent for state and governmental institutional mechanism to also take a pro-active stance. For ensuring that the rights based approach to Internet has to be duly included in the Internet law and policy; and there should be institutional mechanism, which could look into areas pertaining to human rights and Internet. It is a well know fact that India lacks institutional mechanism for looking into communication and privacy issues regulation. Further, the National Human Rights Commission (NHRC) also needs to look at the relevance of human rights for Internet. Inspiration could be drawn from the pioneering work of Australian Commission of Human Rights on applying human rights norms and standards to Internet medium [15]. This essay has only flagged the need to apply the established human rights norms to Internet space. Much more issues such as access to Internet by disabled, safety of children and Internet medium are also pertinent areas.</p>
<p>Moreover, it is important to have digital rights of Internet users in India to be explicitly enshrined in a legal framework. Presently, a gap in law and policy framework regarding human rights and Internet is evident, as highlighted in this essay. The pertinent questions regarding access, privacy and freedom of expression are to be taken seriously by the government and state machinery for which clear and well-defined rights relating to Internet space have to be framed. For Internet and human rights to be taken seriously, it is high time that legal and institutional framework to explore these issues also are evolved.</p>
<p> </p>
<h2>Emphasizing the Right to Communication in India</h2>
<p>Further, the present understanding of right to communication in India, which is perceived in narrow manner, could be re-worked with the help of a pro-active application of human rights norms to the Internet governance. The intrusion into the freedom of speech and expression especially in the telecommunication context has to be highlighted. Protection of communal harmony has been used as rationale for capping the number of the SMS messages that could be sent per day during the exodus of people of Northeastern states origin from Bangalore, Pune and other major cities in India.</p>
<p>This move has been criticized for being unreasonable and universality of capping the number of SMS messages [16]. Further, the telecommunication and Internet services (especially Facebook and YouTube) were blocked in Kashmir for restricting the protest [17]. The telecommunication and Internet services were blocked on the grounds of protection of national security. The reasonableness of restrictions that could be imposed on right to communication is a major concern in the above-mentioned instances. Making a blanket ban applicable in a universal manner undermines the right to communication of various genuine users of bulk messaging and social media sites.</p>
<p>The right to communication especially in the digital and telecommunication media needs to be emphasized. Applying human rights perspective and norms to Internet governance would help in articulating and evolving the right to communication in India. With adequate institutional oversight, the human rights norms could make the digital right to communication an effective right.</p>
<p>To conclude, the Internet discourse in India has already paved path for human rights norms to be applied to Internet space. The seriousness that could be attributed to those rights is evident by the assertions by the Internet users in India. But the state and government machinery in India also should explore the human rights and Internet agenda seriously.</p>
<p> </p>
<h2>Endnotes</h2>
<p>[1] Frank La Rue, Report Of The Special Rapporteur On The Promotion And Protection Of The Right To Freedom Of Opinion And Expression, Available at <a href="http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf">http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf</a> (Last accessed on 25/05/2015).</p>
<p>[2] Ibid, Special Rapporteur in the Report points out that the language of Article 19 of ICCPR is media neutral and is applicable to online media technological developments also. Para 20 and 21 of the Report.</p>
<p>[3] UN High Commissioner on Human Right, Report on ‘The Right To Privacy In The Digital Age’, Available at <a href="http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session27/Documents/A.HRC.27.37_en.pdf">http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session27/Documents/A.HRC.27.37_en.pdf</a> (Last accessed on 25/05/2015).</p>
<p>[4] WSIS Declaration for Building of Information Society, Available at <a href="http://www.itu.int/wsis/docs/geneva/official/dop.html">http://www.itu.int/wsis/docs/geneva/official/dop.html</a>. (Last accessed on 25/05/2015). Article 58, WSIS Declaration reads as follows: “The use of ICTs and content creation should respect human rights and fundamental freedoms of others, including personal privacy, and the right to freedom of thought, conscience, and religion in conformity with relevant international instruments”.</p>
<p>[5] Charter of Human Rights and Principles for the Internet Available at <a href="http://internetrightsandprinciples.org/site/wp-content/uploads/2013/10/IRP_booklet_final1.pdf">http://internetrightsandprinciples.org/site/wp-content/uploads/2013/10/IRP_booklet_final1.pdf</a>, (Last accessed on 25/05/2015).</p>
<p>[6] See Section 66A:Six Cases That Sparked Debate, Available at <a href="http://www.livemint.com/Politics/xnoW0mizd6RYbuBPY2WDnM/Six-cases-where-the-draconian-Section-66A-was-applied.html">http://www.livemint.com/Politics/xnoW0mizd6RYbuBPY2WDnM/Six-cases-where-the-draconian-Section-66A-was-applied.html</a>, (Last accessed on 25/05/2015). Also see, Facebook Trouble:10 Cases of Arrest Under Section 66A of IT Act, Available at <a href="http://www.hindustantimes.com/india-news/facebook-trouble-people-arrested-under-sec-66a-of-it-act/article1-1329883.aspx">http://www.hindustantimes.com/india-news/facebook-trouble-people-arrested-under-sec-66a-of-it-act/article1-1329883.aspx</a> (Last accessed on 25/05/2015).</p>
<p>[7] Shreya Singhal v. Union of India, Available at <a href="http://indiankanoon.org/doc/110813550/">http://indiankanoon.org/doc/110813550/</a> (Last accessed on 25/05/2015).</p>
<p>[8] Tim Wu, Network Neutrality, Broadband Discrimination, Available at <a href="https://cdt.org/files/speech/net-neutrality/2005wu.pdf">https://cdt.org/files/speech/net-neutrality/2005wu.pdf</a> (Last accessed on 25/05/2015).</p>
<p>[9] F.C.C. Approves Net Neutrality Rules, Classifying Broadband Internet Service as a Utility, Available at <a href="http://www.nytimes.com/2015/02/27/technology/net-neutrality-fcc-vote-internet-utility.html">http://www.nytimes.com/2015/02/27/technology/net-neutrality-fcc-vote-internet-utility.html</a> (Last accessed on 25/05/2015).</p>
<p>[10] The online campaign by www.savetheinternet.in and the AIB video have played a crucial role in gathering public support.</p>
<p>[11] Court of Justice of European Union, Case C-131/12.</p>
<p>[12] Rising like a Phoenix: The ‘Right to be Forgotten’ before the ECJ, Available at <a href="http://europeanlawblog.eu/?p=2351">http://europeanlawblog.eu/?p=2351</a> (Last accessed on 25/05/2015).</p>
<p>[13] Viktor Mayor Schonberg, Delete: The Virtue of Forgetting in Digital Age, Princeton University Press (2009).</p>
<p>[14] Right to be Forgotten Poses A Legal Dilemma in India, Available at <a href="http://www.livemint.com/Industry/5jmbcpuHqO7UwX3IBsiGCM/Right-to-be-forgotten-poses-a-legal-dilemma-in-India.html">http://www.livemint.com/Industry/5jmbcpuHqO7UwX3IBsiGCM/Right-to-be-forgotten-poses-a-legal-dilemma-in-India.html</a>, (Last accessed on 25/05/2015). Also see We received a Right to be Forgotten request from an Indian user, Available at <a href="http://www.medianama.com/2014/06/223-right-to-be-forgotten-india/">http://www.medianama.com/2014/06/223-right-to-be-forgotten-india/</a> (Last accessed on 25/05/2015).</p>
<p>[15] Human Rights and Internet, Available at <a href="https://www.humanrights.gov.au/our-work/rights-and-freedoms/projects/human-rights-and-internet">https://www.humanrights.gov.au/our-work/rights-and-freedoms/projects/human-rights-and-internet</a> (Last accessed on 25/05/2015).</p>
<p>[16] Chinmayi Arun, SMS Block as Threat to Free Speech, Available at <a href="http://cis-india.org/internet-governance/www-the-hindubusinessline-op-ed-sep-1-2012-chinmayi-arun-sms-block-as-threat-to-free-speech">http://cis-india.org/internet-governance/www-the-hindubusinessline-op-ed-sep-1-2012-chinmayi-arun-sms-block-as-threat-to-free-speech</a> (Last accessed on 15/07/2015).</p>
<p>[17] Pamposh Raina and Betwa Sharma, Telecom Services Blocked to Curb Protests in Kashmir, Available at <a href="http://india.blogs.nytimes.com/2012/09/21/telecom-services-blocked-to-curb-protests-in-kashmir/?_r=0">http://india.blogs.nytimes.com/2012/09/21/telecom-services-blocked-to-curb-protests-in-kashmir/?_r=0</a> (Last accessed on 15/07/2015).</p>
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<p><em>Author's Note: All the views expressed are my own and in no way are linked to the opinion of my employers. I thank CIS for this opportunity to explore Internet and Human Rights interface in India as part of the Studying Internet in India essay series.</em></p>
<p><em>Note: The post is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
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