The Centre for Internet and Society
http://editors.cis-india.org
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Internet Shutdown Stories
http://editors.cis-india.org/internet-governance/blog/internet-shutdown-stories
<b>The Centre for Internet & Society (CIS) has published a collection of stories of the impact of internet shutdowns on people's lives in the country. This book seeks to give a glimpse into the lives of those directly affected by these internet shutdown experiments. When seen in a larger context, we hope that the stories in this book also demonstrate that access to the internet and freedom of speech is not just about an individual’s rights, but are also required for the collective good. This is a project funded by Facebook and MacArthur Foundation, and the stories were provided by 101 Reporters. Case studies from the states of Jammu & Kashmir, Haryana, Rajasthan, Gujarat, Telangana, West Bengal, Tripura, Manipur, Nagaland, and Uttar Pradesh have been highlighted in this compilation.</b>
<p> </p>
<h4>Read the report here: <a class="external-link" href="https://cis-india.org/internet-shutdown-stories/at_download/file">Download</a> (PDF)</h4>
<p>The report is shared under Creative Commons Attribution-NoDerivatives 4.0 International license.</p>
<h4>Edited by Debasmita Haldar, Ambika Tandon, and Swaraj Barooah</h4>
<h4>Print Design by Saumyaa Naidu</h4>
<h4>Advisor: Nikhil Pahwa, Founder and Editor at <a href="https://www.medianama.com/" target="_blank">MediaNama</a></h4>
<hr />
<h2>Foreword</h2>
<p style="text-align: justify;">Aside from the waves of innovation that the digital revolution brought with it, the ever increasing pervasiveness of the internet has had a tremendous impact on empowerment and freedoms in society. We are seeing unprecedented levels of access to information, along with a democratization of the means of creation, production and dissemination of information to anyone with an internet connection. This in turn has greatly amplified, and in many cases even created the ability, particularly for those traditionally left in the margins, to more meaningfully participate in their global as well as local societies. Recognising the significance of the internet to the freedom of expression as well as for the development and exercising of human rights more broadly, the United Nations Human Rights Council unanimously passed a resolution confirming internet access being a fundamental human right.</p>
<p style="text-align: justify;">Simultaneously however, we are seeing Indian states discover and experiment with their power to clamp down on these new modes of communication for a variety of reasons, ranging from the ill-intentioned to the ill-informed. An internet shutdown tracker maintained by the Software Freedom Law Centre, shows that the number of shutdowns in India is increasing every year, with 70 shutdowns reported in 2017,and 45 shutdowns already <a class="external-link" href="https://internetshutdowns.in/">reported from 1st Jan, 2018 to 4th May, 2018</a>. These shutdowns also come at a significant economic cost. A 2016 <a class="external-link" href="http://www.brookings.edu/wp-content/uploads/2016/10/intenet-shutdowns-v-3.pdf">Brookings report</a> estimates that India faced a loss of about $968 million due to internet shutdowns. However, the democratic harms we have been accruing are more difficult to quantify and demonstrate.</p>
<p style="text-align: justify;">This book seeks to give a glimpse into the lives of those directly affected by these internet shutdown experiments. From Jammu and Kashmir to Telangana, from Gujarat to Nagaland, we have collected 30 stories from across the country for an up-close look at how the everyday lives of common citizens have been impacted by internet shutdowns and website blocks. From CRPF members posted in Srinagar who use the internet to connect with their family, to students who have been cut off from education resources for competitive exams; from the disruptions in day to day life brought about by non-functional bank services in Darjeeling, to stock brokers in Ahmedabad who faced costly slowdowns; the idea of a Digital India is facing severe setbacks with these continuously increasing internet shutdowns.</p>
<p style="text-align: justify;">When seen in a larger context, we hope that the stories in this book also demonstrate that access to the internet and freedom of speech is not just about an individual’s rights, but are also required for the collective good. The diversity of perspectives and activities that a healthy democracy demands is not met by the versioning of dominant narratives, but by allowing for, if not directly encouraging, the voices and activities of the unheard, oppressed and marginalised. We hope that in the telling of these personal stories of the day-to-day of people affected by such internet shutdowns, this book joins in the effort to position the dehumanized internet kill switches more aptly as dangers to democracy.</p>
<p style="text-align: justify;"><strong>Sunil Abraham</strong><br />Executive Director<br />The Centre for Internet and Society</p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/internet-shutdown-stories'>http://editors.cis-india.org/internet-governance/blog/internet-shutdown-stories</a>
</p>
No publisherambikaFeaturedHomepageInternet GovernanceCensorship2019-09-03T09:57:40ZBlog EntryWhat’s up with WhatsApp?
http://editors.cis-india.org/internet-governance/blog/asia-times-april-20-2018-aayush-rathi-sunil-abraham-what-s-up-with-whatsapp
<b>In 2016, WhatsApp Inc announced it was rolling out end-to-end encryption, but is the company doing what it claims to be doing?</b>
<p style="text-align: justify; ">The article by Aayush Rathi and Sunil Abraham was published in <a class="external-link" href="http://www.atimes.com/article/whats-up-with-whatsapp/">Asia Times</a> on April 20, 2018.</p>
<hr />
<p style="text-align: justify; ">Back in April 2016, when WhatsApp Inc announced it was rolling out end-to-end encryption (E2EE) for its billion-plus strong user base as a default setting, the messaging behemoth signaled to its users it was at the forefront of providing technological solutions to protect privacy.</p>
<p class="p4" style="text-align: justify; ">Emphasized in the security white paper explaining the implementation of the technology is the encryption of both forms of communication – one-to-one and group and also of all types of messages shared within such communications – text as well as media.</p>
<p class="p4" style="text-align: justify; ">Simply put, all communication taking place over WhatsApp would be decipherable only to the sender and recipient – it would be virtual gibberish even to WhatsApp.</p>
<p class="p4" style="text-align: justify; ">This announcement came in the backdrop of <a href="https://www.theguardian.com/us-news/2016/feb/17/apple-ordered-to-hack-iphone-of-san-bernardino-shooter-for-fbi">Apple locking horns with the FBI</a> after being asked to provide a backdoor to unlock the San Bernardino mass shooter’s iPhone. This further reinforced WhatsApp Inc’s stand on the ensuing debate between the interplay of privacy and security in the digital age.</p>
<p class="p4" style="text-align: justify; ">Kudos to WhatsApp, for there is <a href="http://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/CallForSubmission.aspx">growing discussion</a> around how encryption and anonymity is central to enabling secure online communication which in turn is integral to essential human rights such as those of freedom of opinion and expression.</p>
<p class="p4" style="text-align: justify; ">WhatsApp may have taken encryption to the masses, but here we outline why WhatsApp’s provisioning of privacy and security measures needs a more granular analysis – is the company doing what it claims to be doing? Security issues with WhatsApp’s messaging protocol certainly are not new.</p>
<h3 style="text-align: justify; ">Man-in-the-middle attacks</h3>
<p class="p4" style="text-align: justify; ">A <a href="https://eprint.iacr.org/2017/713.pdf">study</a> published by a group of German researchers from Ruhr University highlighted issues with WhatsApp’s implementation of its E2EE protocol to group communications. Another <a href="https://courses.csail.mit.edu/6.857/2016/files/36.pdf">paper</a> points out how WhatsApp’s session establishment strategy itself could be problematic and potentially be targeted for what are called man-in-the-middle (MITM) attacks.</p>
<p class="p4" style="text-align: justify; ">An MITM attack takes the form of a malicious actor, as the term suggests, placing itself between the communicating parties to eavesdrop or impersonate. The Electronic Frontier Foundation also <a href="https://www.eff.org/deeplinks/2016/10/where-whatsapp-went-wrong-effs-four-biggest-security-concerns">highlighted</a> other security vulnerabilities, or trade-offs, depending upon ideological inclinations, with respect to WhatsApp allowing for storage of unencrypted backups, issues with WhatsApp’s web client and also with its approach to cryptographic key change notifications.</p>
<p class="p4" style="text-align: justify; ">Much has been written questioning WhatsApp’s shifting approach to ensuring privacy too. Quoting straight from <a href="https://www.whatsapp.com/legal/#privacy-policy-affiliated-companies">WhatsApp’s Privacy Policy:</a> “We joined the Facebook family of companies in 2014. As part of the Facebook family of companies, WhatsApp receives information from, and shares information with, this family of companies.” Speaking of Facebook …</p>
<p class="p4" style="text-align: justify; ">Culling out larger issues with WhatsApp’s privacy policies is not the intention here. What we specifically seek to explore is right at the nexus of WhatsApp’s security and privacy provisioning clashing with its marketing strategy: the storage of data on WhatsApp’s servers, or ‘blobs,’ as they are referred to in the technical paper. Facebook’s rather. In WhatsApp’s words: “Once your messages (including your chats, photos, videos, voice messages, files and share location information) are delivered, they are deleted from our servers. Your messages are stored on your own device.”</p>
<p class="p4" style="text-align: justify; ">In fact, this non-storage of data on their ‘blobs’ is emphasizes at several other points on the official website. Let us call this the deletion-upon-delivery model.</p>
<h3 style="text-align: justify; ">A simple experiment</h3>
<p class="p4" style="text-align: justify; ">While drawing up a rigorous proof of concept, made near-impossible thanks to WhatsApp being a closed source messaging protocol, a simple experiment is enough to raise some very pertinent questions about WhatsApp’s outlined deletion-upon-delivery model. It should, however, be mentioned that the Signal Protocol developed by Open Whisper Systems and pivotal in WhatsApp’s rolling out of E2EE is <a href="https://github.com/signalapp">open source</a>. Here is how the experiment proceeds:</p>
<p class="p4" style="text-align: justify; "><i>Rick sends Morty an attachment.</i></p>
<p class="p4" style="text-align: justify; "><i>Morty then switches off the data on her mobile device.</i></p>
<p class="p4" style="text-align: justify; "><i>Rick downloads the attachment, an image.</i></p>
<p class="p4" style="text-align: justify; "><i>Subsequently, Rick deletes the image from his mobile device’s internal storage.</i></p>
<p class="p4" style="text-align: justify; "><i>Rick then logs into a WhatsApp’s web client on his browser. (Prior to this experiment, both Rick and Morty had logged out from all instances of the web client)</i></p>
<p class="p4" style="text-align: justify; "><i>Upon a fresh log-in to the web client and opening the chat with Morty, the option to download the image is available to Rick.</i></p>
<p class="p4" style="text-align: justify; ">The experiment concludes with bewilderment at WhatsApp’s claim of deletion-upon-delivery as outlined earlier. The only place from which Morty could have downloaded the image would be from Facebook’s ‘blobs.’ The attachment could not have been retrieved from Morty’s mobile device as it had no way of sending data and neither from Rick’s mobile device as it no longer existed in the device’s storage.</p>
<p class="p4" style="text-align: justify; ">As per the Privacy Policy, the data is stored on the ‘blobs’ for a period of 30 days after transmission of a message only when it can’t be delivered to the recipient. Upon delivery, the deletion-upon-delivery model is supposed to kick in.</p>
<p class="p4" style="text-align: justify; ">Another straightforward experiment that leads to a similar conclusion is seeing the difference in time taken for a large attachment to be forwarded as opposed to when the same large attachment is uploaded. Forwarding is palpably quicker than uploading afresh: non-storage of attachments on the ‘blob’ would entail that the same amount should be taken for both.</p>
<p class="p4" style="text-align: justify; ">The plot thickens. WhatsApp’s Privacy Policy goes on to state: “To improve performance and deliver media messages more efficiently, such as when many people are sharing a popular photo or video, we may retain that content on our servers for a longer period of time.” The technical paper offers no help in understanding how WhatsApp systems assess frequently shared encrypted media messages without decrypting it at its end.</p>
<p class="p4" style="text-align: justify; ">A possible explanation could be the usage of metadata by WhatsApp, which it discloses in its Privacy Policy while simultaneously being sufficiently vague about the specifics of it. That WhatsApp may be capable of reading encrypted communication through the inclusion of a backdoor bodes well for law enforcement, but not so much for unsuspecting users.</p>
<h3 style="text-align: justify; ">The weakest link in the chain</h3>
<p class="p4" style="text-align: justify; ">Concerns about backdoors in WhatsApp’s product have led the French government to start developing their <a href="https://www.reuters.com/article/us-france-privacy/france-builds-whatsapp-rival-due-to-surveillance-risk-idUSKBN1HN258">own encrypted messaging service</a>. This will be built using Matrix – an open protocol designed for real-time communication. Indeed, the Privacy Policy lays out that the company “may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to respond pursuant to applicable law or regulations, to legal process, or to government requests.”</p>
<p class="p4" style="text-align: justify; ">The Signal Protocol is the undisputed gold standard of E2EE implementations. It is the integration with the surrounding functionality that WhatsApp offers which leads to vulnerabilities. After all, a chain is only as strong as its weakest link. Assuming that the attachments stored on the ‘blobs’ are in encrypted form, indecipherable to all but the intended recipients, this does not pose a privacy risk for the users from a technological point of view.</p>
<p class="p4" style="text-align: justify; ">However, it is easy lose sight of the fact that the Privacy Policy is a legally binding document and it specifically states that messages are not stored on the ‘blobs’ as a matter of routine. As a side note, WhatsApp’s Privacy Policy and Terms of Service are refreshing in their readability and lack of legalese.</p>
<p class="p4" style="text-align: justify; ">As we were putting the final touches to this piece, <a href="https://wabetainfo.com/whatsapp-allows-to-redownload-deleted-media/#more-2781">news from <i>WABetaInfo</i></a>, a well-reputed source of information on WhatsApp features, has broken that newer updates of WhatsApp for Android are permitting users to re-download media deleted up to three months back. WhatsApp cannot possibly achieve this without storing the media in the ‘blobs,’ or in other words, in violation of its Privacy Policy.</p>
<p class="p4" style="text-align: justify; ">As the aphorism goes: “When the service is free, you are the product.”</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/asia-times-april-20-2018-aayush-rathi-sunil-abraham-what-s-up-with-whatsapp'>http://editors.cis-india.org/internet-governance/blog/asia-times-april-20-2018-aayush-rathi-sunil-abraham-what-s-up-with-whatsapp</a>
</p>
No publisherAayush Rathi and Sunil AbrahamSocial MediaPrivacyInternet GovernanceFeaturedWhatsAppHomepage2018-04-23T16:45:51ZBlog EntryGovernment gives free publicity worth 40k to Twitter and Facebook
http://editors.cis-india.org/internet-governance/blog/government-giving-free-publicity-worth-40-k-to-twitter-and-facebook
<b>We conducted a 2 week survey of newspapers for links between government advertisement to social media giants. As citizens, we should be worried about the close nexus between the Indian government and digital behemoths such as Facebook, Google and Twitter. It has become apparent to us after a 2 week print media analysis that our Government has been providing free publicity worth Rs 40,000 to these entities. There are multiple issues with this as this article attempts at pointing out.</b>
<p style="text-align: justify;"><img src="http://editors.cis-india.org/home-images/TotalAdvertisementExpenditure.jpg" alt="null" class="image-inline" title="Total Advertisement Expenditure" /></p>
<p style="text-align: justify;">We analyzed 5 English language newspapers daily for 2 weeks from March 12<sup>th</sup> to 26<sup>th</sup>, one week of the newspapers in Lucknow and the second week in Bangalore. Facebook, Twitter, Instagram and Alphabet backed services such as Youtube and Google Plus were part of our survey. Of a total of 33 advertisements (14 in Lucknow+19 in Bangalore), Twitter stands out as the most prominent advertising platform used by government agencies with 30 ads but Facebook at 29 was more expensive. In order to ascertain the rates of publicity, current advertisement rates for Times of India as our purpose was to solely give a rough estimation of how much the government is spending.</p>
<p style="text-align: justify;">Advertising of this nature is not merely an inherent problem of favoring some social media companies over others but also symptomatic of a bigger problem, the lack of our native e-governance mechanisms which cause the Government to rely and promote others. Where we do have guidelines they are not being followed. By outsourcing their e-governance platforms to Twitter such as TwitterSeva, a feature created by the Twitter India team to help citizens connect better with government services, there is less of an impetus to construct better <a class="external-link" href="https://factordaily.com/twitter-helping-india-reboot-public-services-publicly/">websites of their own</a>.</p>
<p style="text-align: justify;">If this is so because we currently do not have the capacity to build them ourselves then it is imperative that this changes. We should either be executing government functions on digital infrastructure owned by them or on open and interoperable systems. If anything, the surveyed social media platforms can be used to enhance pre-existing facilities. However, currently the converse is true with these platforms overshadowing the presence of e-governance websites. Officials have started responding to complaints on Twitter, diluting the significance of such complaint mechanisms on their respective department’s portal. Often enough such features are not available on the relevant government website. This sets a dangerous precedent for a citizen management system as the records of such interactions are then in the hands of these companies who may not exist in the future. As a result, they can control the access to such records or worse tamper with them. Posterity and reliability of such data can be ensured only if they are stored within the Government’s reach or if they are open and public with a first copy stored on Government records which ensures transparency as well. Data portability is an important facet to this issue as well as being a right consumers should possess. It provides for support of many devices, transition to alternative technologies and lastly, makes sure that all the data like other public records will be available upon request through the Right to Information procedure. The last is vital to uphold the spirit of transparency envisioned through the RTI process since interactions of government with citizens are then under its ambit and available for disclosure for whomsoever concerned.</p>
<p style="text-align: justify;">Secondly, such practices by the Government are enhancing the monopoly of the companies in the market effectively discouraging competition and eventually, innovation. While a certain elite strata of the population might opt for Twitter or Facebook as their mode of conveying grievance, this may not hold true for the rest of the online India population.</p>
<p style="text-align: justify;">Picking players in a free market is in violation of technology and vendor neutrality, a practice essential in e-governance to provide a level playing field for all and competing technologies. Projecting only a few platforms as de facto mediums of communication with the government inhibits the freedom of choice of citizens to air their grievances through a vendor or technology they are comfortable with. At the same time it makes the Government a mouthpiece for such companies who are gaining free publicity and consolidating their popularity. Government apps such as the SwachBharat one which is an e-governance platform do not offer much more in terms of functionality but either reflect the website or are a less mature version of the same. This leads to the problem of fracturing with many avenues of complaining such as the website, app, Twitter etc. Consequently, the priority of the people dealing with the complaints in terms of platform of response is unsure. Will I be responded to sooner if I tweet a complaint as opposed to putting it up on the app? Having an interoperable system can solve this where the Government can have a dashboard of their various complaints and responses are then made out evenly. Twitter itself could implement this by having complaints from Facebook for example and then the Twitter Seva would be an equal platform as opposed to the current issue where only they are favored.</p>
<p style="text-align: justify;">Recent events have illustrated how detrimental the storage of data by these giants can be in terms of privacy. Data security concerns are also a consequence of such leaks. Not only is this a long overdue call for a better data protection law but at the same time also for the Government to realize that these platforms cannot be trusted. The hiring of Cambridge Analytica to influence voters in the US elections, based on their Facebook profiles and ancillary data, effectively put the governance of the country on sale by exploiting these privacy and security issues. By basing e-governance on their backbone, India is not far from inviting trouble as well. It is unnecessary and dangerous to have a go-between for matters that pertain between an individual and state.</p>
<p style="text-align: justify;">As this article was being written, it was confirmed by the Election Commission that they are partnering with Facebook for the Karnataka Assemby Elections to promote activities such as encourage enrollment of Voter ID and voter participation. Initiatives like these tying the government even closer to these companies are of concern and cementing the latter’s stronghold.</p>
<p style="text-align: justify;"><em>Note: Our survey data and results are attached to this post. All research was collected by Shradha Nigam, a Vth year student at NLSIU, Bangalore.</em></p>
<hr />
<h3 style="text-align: justify;">Survey Data and Results</h3>
<p style="text-align: justify;">This report is based on a survey of government advertisements in English language newspapers in relation to their use of social media platforms and dedicated websites (“<strong>Survey</strong>”). For the purpose of this report, the ambit of the social media platforms has been limited to the use of Facebook, Twitter, YouTube, Google Plus and Instagram. The report was prepared by Shradha Nigam, a student from National Law School of India University, Bangalore. <a class="external-link" href="http://cis-india.org/internet-governance/files/cis-report-on-social-media">Read the full report here</a>.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/government-giving-free-publicity-worth-40-k-to-twitter-and-facebook'>http://editors.cis-india.org/internet-governance/blog/government-giving-free-publicity-worth-40-k-to-twitter-and-facebook</a>
</p>
No publisherAkriti BopannaGoogleInstagramPrivacyTwitterYouTubeInternet GovernanceFeaturedGoogle PlusFacebookHomepage2018-04-27T09:52:26ZBlog EntryMaking Humanities in the Digital: Embodiment and Framing in Bichitra and Indiancine.ma
http://editors.cis-india.org/raw/making-humanities-in-the-digital-embodiment-and-framing-in-bichitra-and-indiancine.ma
<b>The growth of the internet and digital technologies in the last couple of decades, and the emergence of new ‘digital objects’ of enquiry has led to a rethinking of research methods across disciplines as well as innovative modes of creative practice. This chapter authored by Puthiya Purayil Sneha (published in 'Making Things and Drawing Boundaries: Experiments in the Digital Humanities' edited by Jentery Sayers) discusses some of the questions that arise around the processes by which digital objects are ‘made’ and made available for arts and humanities research and practice, by drawing on recent work in text and film archival initiatives in India.</b>
<p> </p>
<p>Through an exploration of an online film archive, Indiancine.ma, and a digital variorum of Rabindranath Tagore’s works, Bichitra, developed at Jadavpur University, Kolkata, the chapter engages with the processes of making and studying digital objects as creative and analytical, affective, and embodied. Drawing also on observations from a study on mapping digital humanities work in India, the chapter explores conceptual and material processes of the digital to understand how they affect research and practice in the humanities. These also allow for a new perspectives to understand the condition of digitality we inhabit today, as well as the possibilities it offers for the humanities.</p>
<hr />
<p>This chapter authored by Puthiya Purayil Sneha was published in <a class="external-link" href="https://www.upress.umn.edu/book-division/books/making-things-and-drawing-boundaries"><strong>Making Things and Drawing Boundaries: Experiments in the Digital Humanities</strong></a> (2017), edited by Jentery Sayers, University of Minnesota Press, Minneapolis, London.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/making-humanities-in-the-digital-embodiment-and-framing-in-bichitra-and-indiancine.ma'>http://editors.cis-india.org/raw/making-humanities-in-the-digital-embodiment-and-framing-in-bichitra-and-indiancine.ma</a>
</p>
No publishersneha-ppResearchFeaturedPublicationsDigital HumanitiesResearchers at Work2018-06-25T12:50:36ZBlog EntryOn World Water Day - Open Data for Water Resources
http://editors.cis-india.org/openness/on-world-water-day-open-data-for-water-resources
<b>Lack of open data for researchers and activists is a key barrier against ensuring access to water and planning for sustainable management of water resources. In a collaboration between DataMeet and CIS, supported by Arghyam, we are exploring the early steps for making open data and tools to plan for water resources accessible to all. To celebrate the World Water Day 2018, we are sharing what we have been working on in the past few months - a paper on open data for water studies in India, and a web app to make open water data easily explorable and usable. Craig Dsouza led this collaboration, and authored this post.</b>
<p> </p>
<h4>Project Blog: <a href="https://datameet-pune.github.io/open-water-data/" target="_blank">Open Water Data
for Integrated Water Science</a> (External)</h4>
<h4>Open Water Data Paper - Datasets for Water Studies in India Blog - Summary: <a href="https://datameet-pune.github.io/open-water-data/precipitation/2017/12/31/OWD-Paper/" target="_blank">Read</a> (External)</h4>
<h4>Open Water Data Paper - Datasets for Water Studies in India Blog - Full Paper: <a href="https://datameet-pune.github.io/open-water-data/docs/open-water-data-paper.pdf" target="_blank">Read</a> (PDF)</h4>
<h4>Open Water Data Web App: <a href="https://water-data-web-app.appspot.com/" target="_blank">View</a> (External)</h4>
<h4>Open Water Data Web App - Tech Stack: <a href="https://datameet-pune.github.io/open-water-data/tech/2017/12/08/OWD-Web-App-Tech-Stack/" target="_blank">Read</a> (External)</h4>
<h4>Open Water Data Web App - Precipitation Data: <a href="https://datameet-pune.github.io/open-water-data/precipitation/2018/01/05/OWD-Web-App-Precipitation-Data/" target="_blank">Read</a> (External)</h4>
<hr />
<p>The 22nd of March is celebrated internationally as World Water Day. Water is so tightly intertwined in every aspect of our lives that one can only scratch the surface in understanding this resource. Besides directly giving us life, it is a key non-renewable shared resource that dictates whether and how societies can grow and prosper. It has shaped the way civilization arose - on riverbanks and coastal lands. Adequate water of good quality can make or break a child’s early growth. Water available at the right time in the monsoon could shape a family’s fortunes for an entire year.</p>
<p>Unfortunately given the development trajectory of the last century, we have struggled to strike a balance and use water in a sustainable manner. Far too many face the ill effects of this misuse. The challenge with water lies in its nature as a common pool resource, which means that it belongs to everyone. Water is for everyone to benefit from and conversely it is no individual’s responsibility to manage and to ensure its sustainability. While some laws and policies exist to ensure sustainable use of water its fluid (pun intended) and ephemeral nature make those laws very hard to enforce. No one knows for sure how much water lies under the ground and above the surface, we only have estimates. Moreover even these estimates lie in the hands of a few. The Government of India is by far the largest entity that collects data on water across the country. Management of this resource however requires that these data points and the capacity to monitor should be decentralized. The 73rd amendment recognises this by placing the authority to plan and implement local works such as watershed management and drinking water provision under the purview of Panchayats.</p>
<p>To address this shortcoming Datameet and CIS in collaboration have taken first steps with a project to ensure that data and tools to plan for water resources are accessible to all. The strategy within this project has been to seek alternative data sources for water, other than government data much of which still isn’t open data. Two alternatives that have emerged are remote sensing open data and crowdsourced community data. A <a href="https://datameet-pune.github.io/open-water-data/precipitation/2017/12/31/OWD-Paper/" target="_blank">paper</a> put together by the team highlights the numerous sources available for datasets such as rainfall, soil moisture, groundwater levels, reservoir storages, river flows, and water demand including domestic and agricultural water. Besides the paper the team has also put together a first iteration of a <a href="https://datameet-pune.github.io/open-water-data/precipitation/2018/01/05/OWD-Web-App-Precipitation-Data/" target="_blank">web app</a> which seeks to provide these datasets in an easy to use intuitive and interactive format to users in the area of water planning and management. The first dataset available here is <a href="http://chg.geog.ucsb.edu/data/chirps/" target="_blank">CHIRPS</a>: a high resolution daily rainfall dataset for the whole of India.</p>
<p>The plans for this project in the future include making available more datasets (crop maps and Evapotranspiration) and features to access them. In addition to this the goal is also to improve our understanding of the usability of remote sensing water data with efforts to calibrate it with ground observations. A key element of these plans is to develop these resources in collaboration with end users of the data so that the tools are developed with their concerns in mind. <strong>We welcome ideas, queries, feedback, and partnerships - do contact us at <a href="mailto:pune@datameet.org">pune@datameet.org</a></strong>.</p>
<p> </p>
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For more details visit <a href='http://editors.cis-india.org/openness/on-world-water-day-open-data-for-water-resources'>http://editors.cis-india.org/openness/on-world-water-day-open-data-for-water-resources</a>
</p>
No publishersumandroOpen Water DataOpen DataOpen ScienceOpen Government DataEnvironmentFeaturedOpennessHomepage2019-01-28T14:41:51ZBlog EntryThe Fundamental Right to Privacy - A Visual Guide
http://editors.cis-india.org/internet-governance/blog/the-fundamental-right-to-privacy-a-visual-guide
<b>Privacy is the ability of an individual or group to seclude themselves, or information about themselves, and thereby express themselves selectively. This visual guide to the story of privacy law in India and the recent judgement of the Puttaswamy v.
Union of India case is developed by Amber Sinha (research and content) and Pooja Saxena (design and conceptualisation).
</b>
<p> </p>
<h4>The Fundamental Right to Privacy - A Visual Guide: <a href="https://cis-india.org/internet-governance/files/amber-sinha-and-pooja-saxena-the-fundamental-right-to-privacy-a-visual-guide/at_download/file">Download</a> (PDF)</h4>
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<iframe src="//www.slideshare.net/slideshow/embed_code/key/1MMYCXyxa2YBip" frameborder="0" marginwidth="0" marginheight="0" scrolling="no" height="485" width="595"> </iframe>
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For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/the-fundamental-right-to-privacy-a-visual-guide'>http://editors.cis-india.org/internet-governance/blog/the-fundamental-right-to-privacy-a-visual-guide</a>
</p>
No publisheramberPrivacyInternet GovernanceFeaturedData GovernanceData Protection2018-02-16T05:31:37ZBlog EntryCIS Comments on TRAI Consultation Paper on Promoting Local Telecom Equipment Manufacturing
http://editors.cis-india.org/telecom/blog/cis-comments-on-promoting-local-telecom-equipment-manufacturing
<b>The Centre for Internet & Society (CIS) sent comments to the TRAI Consultation Paper on promoting telecom equipment manufacturing. CIS submission drew primarily from the research done in the Pervasive Technologies project.</b>
<p><b><a class="external-link" href="http://trai.gov.in/sites/default/files/CP_on_Manufacturing_18_09_17.pdf">Read TRAI's Consultation Paper on Promoting Local Telecom Equipment Manufacturing </a></b></p>
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<ol style="text-align: justify; "> </ol>
<p style="text-align: justify; "><b><span>Preliminary</span></b></p>
<ol style="text-align: justify; "> </ol>
<p style="text-align: justify; "><b><span> </span></b></p>
<ol style="text-align: justify; ">
<li style="text-align: justify; "><span>This submission presents comments by the Centre for Internet and Society, India ("<b>CIS</b>") on the <i>Consultation Paper on Promoting Local Telecom Equipment Manufacturing </i>dated 18.09. 2017, released by the Telecom Regulatory Authority of India (TRAI), under Department of Telecom, Ministry of Communications and Information Technologies (“<b>the TRAI Consultation Paper</b>”).</span><span> </span></li>
<li style="text-align: justify; "><span>We commend TRAI for its efforts at seeking inputs from various stakeholders on this important and timely issue and are thankful for the opportunity to put forth our views.</span></li>
<li style="text-align: justify; "><span>We have addressed questions 3 and 5 of the TRAI Consultation Paper. Question numbers referred to in our submission correspond to those in the TRAI Consultation Paper.</span><span> </span></li>
<li style="text-align: justify; "><span>Further, the Department of Industrial Planning and Promotion (DIPP) invited comments on SEPs and their availability on FRAND terms on 01. 03. 2016.<a href="#_ftn1" name="_ftnref1"><span>[1]</span></a> CIS submitted a detailed response to the consultation, and our present submission will draw significantly from our earlier response<a href="#_ftn2" name="_ftnref2"><span>[2]</span></a>, as well as new empirical research concluded in the since the time of the consultation.</span></li>
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<p style="text-align: justify; "><span> </span></p>
<ol style="text-align: justify; "> </ol>
<p style="text-align: justify; "><b><span>About CIS<br /></span></b></p>
<ol style="text-align: justify; "> </ol>
<p style="text-align: justify; "><span> </span></p>
<ol style="text-align: justify; ">
<li style="text-align: justify; "><span>CIS<a href="#_ftn3" name="_ftnref3"><span>[3]</span></a> is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. Our areas of focus include IP rights, openness, internet governance, telecommunication reform, free speech, intermediary liability, digital privacy, cyber-security, and accessibility for persons with diverse abilities.</span><span> </span></li>
<li style="text-align: justify; "><span>We strive to maximise public benefit, useful innovation, vibrant competition and consumer welfare. This submission is consistent with our commitment to the domestic goals (as enumerated in Make in India and Digital India), and the protection of India's national interest at the international level. </span></li>
</ol>
<p style="text-align: justify; "><span> </span></p>
<ul style="text-align: justify; ">
</ul>
<p style="text-align: justify; "><b><span>Submission on the Issues for Resolution<br /></span></b></p>
<ul style="text-align: justify; ">
</ul>
<p style="text-align: justify; "><b><i><span>“Q.3 Are the existing patent laws in India sufficient to address the issues of local manufacturers? If No, then suggest the measures to be adopted and amendments that need to be incorporated for supporting the local telecom manufacturing industry.</span></i></b><span>”</span></p>
<p style="text-align: justify; "><span>We submit that amendments to the Patents Act, 1970 may not be preferred, presently. It may be noted that there have been no judgments concluded by Indian courts on disputes relating to licensing of SEPs, yet. Justice Bakhru’s landmark order in <i>Telefonaktiebolaget LM Ericsson (Publ) </i>v. <i>Competition Commission of India (2016) </i>provided valuable clarity on the issue of conflict between remedies under Patents Act, 1970 and Competition Act, 1970. As various other matters are yet to be conclusively decided, and given the complex legal questions involved around the interpretation of Patents Act, 1970 and Competition Act, 2002, and constitutional issues around the jurisdiction of regulators and the power of judicial review of the courts, we believe that it would be prudent to examine the ruling of the courts on these issues in some detail, before considering amendments.</span></p>
<p style="text-align: justify; "><span>However, to support the local telecom manufacturing industry the Government of India may adopt and implement the following measures: </span></p>
<ol style="text-align: justify; ">
<li style="text-align: justify; "><b><span> <span>Develop Model Guidelines to improve the working of Indian Standard Setting Organisations (SSOs</span>): </span></b><span>Given the increasing complexity and time-consuming nature of SEP litigation in India, there is a tangible threat of the abuse of the FRAND process, it might be useful for the government to make suggestions on the working of Indian SSOs. The functioning of Indian SSOs has not been satisfactory and it is suggested that the government develop Model Guidelines that may be adopted by Indian SSOs, taking into account India specific requirements. The India specific requirements include a large and exponentially growing mobile device market which has made it possible for manufacturers, patent owners and implementers alike to achieve financial gains even with a low margin. We believe that this measure will also enable the fulfillment of the objectives of the Make in India and Digital India initiatives.</span><span><br /><br />We recommend that various stakeholders, including IP holders, potential licensees and users of IP, civil society organizations, academics, and, government bodies, including the Indian Patent Office, the Department of Telecommunications, the DIPP, TRAI, and, the CCI be consulted in the creation of these Model Guidelines.</span><span><br /><br />In our opinion, the Model Guidelines may cover (a) the composition of the SSO; (b) the process of admitting members; (c) the process of the determination of a standard or technical specification; (d) the process of declassification of a standard or technical specification; (e) the IPR Policy; (f) resolution of disputes; (g) applicable law.<br /><br /></span></li>
<li style="text-align: justify; "><b><span><span>Initiate the formation of a patent pool of critical mobile technologies and cap royalty payments</span></span></b><span><span>:</span></span><span> In light of the observed inadequacies in the IPR policies of various SSOs in India, as well the spate of ongoing patent infringement lawsuits around mobile technologies, we recommend that the government intervene in the setting of royalties and FRAND terms by setting up a patent pool of critical mobile technologies and apply a compulsory license with a five per cent royalty. Further, patent pools should be required to offer FRAND licenses on the same terms to both members and nonmembers of the pool.</span><span> </span><span><br /><br />Our motivations for this proposal are manifold. In our opinion, it is nearly impossible for potential licensees to avoid inadvertent patent infringement. As a part of our research on technical standards applicable to mobile phones sold in India, we have found nearly 322 standards so far.<a href="#_ftn4" name="_ftnref4"><span>[4]</span></a> It is submitted that carrying out patent searches for all the standards would be extremely expensive for potential licensees. Further, even if such searches were to be carried out, different patent owners, SSOs and potential licensees disagree on valuation, essentiality, enforceability, validity, and coverage of patents. In addition, some patent owners are non-practising entities and may not be members of SSOs. The patents held by them are not likely to be disclosed. More importantly, homegrown manufacturers that have no patents to leverage and may be new entrants in the market would be especially disadvantaged by such a scenario. Budget phone manufacturers, standing to incur losses either as a result of heavy licensing fees, or, potential litigation, may close down. Alternatively, they may pass on their losses to consumers, driving the now affordable phones out of their financial reach. With the objectives of Make in India and Digital India in sight, it is essential that Indian consumers continue to have access to devices within their purchasing power.</span><span> </span><span><br /><br />Further, how did we arrive at a cap of 5 percent? The rationale for this figure is the royalty cap imposed by India in the early 1990s. As part of regulating foreign technology agreements, the (former) Department of Industrial Development (later merged with DIPP) capped royalty rates in the early 1990s. Payment of royalties was capped at either a lump sum payment of $2 million, or, 5 percent on the royalty rates charged for domestic sale, and, 8 percent for export of goods pertaining to “high priority industries”.<a href="#_ftn5" name="_ftnref5"><span>[5]</span></a> Royalties higher than 5 percent or 8 percent, as the case may be, required securing approval from the government. While the early 1990s (specifically, 1991) was too early for the mobile device manufacturing industry to be listed among high priority industries, the public announcement by the government covered computer software, consumer electronics, and electrical and electronic appliances for home use. The cap on royalty rates was lifted by the DIPP in 2009.<a href="#_ftn6" name="_ftnref6"><span>[6]</span></a> It is submitted in the case of mobile device technology, we are witnessing a situation similar to that of the 1990s. In this sphere, most of the patent holders are multinational corporations which results in large royalty amounts leaving India. At the same time, litigation over patent infringement in India has limited the manufacture and sale of mobile devices of homegrown brands. While SEP litigation in India is indeed comparable to international SEP litigation on broader issues raised, specifically competition law concerns, but differs crucially where the parties are concerned. International SEP litigation is largely between multinational corporations with substantial patent portfolios, capable of engaging in long drawn out litigations, or engaging in other strategies including setting off against each other’s patent portfolios. Dynamics in the Indian market differ – with a larger SEP holder litigating against smaller manufacturers, many of whom are indigenous, homegrown.</span><span><br /><br />In June, 2013, we had recommended to the erstwhile Hon’ble Minister for Human Resource Development<a href="#_ftn7" name="_ftnref7"><span>[7]</span></a> that a patent pool of essential technologies be established, with the compulsory licensing mechanism. Subsequently, in February, 2015, we reiterated this request to the Hon’ble Prime Minister.<a href="#_ftn8" name="_ftnref8"><span>[8]</span></a> We propose that the Government of India initiate the formation of a patent pool of critical mobile technologies and mandate a five percent compulsory license.<a href="#_ftn9" name="_ftnref9"><span>[9]</span></a> As we have stated in our request to the Hon’ble Prime Minister, we believe that such a pool would “<i>possibly avert patent disputes by ensuring that the owners' rights are not infringed on, that budget manufacturers are not put out of business owing to patent feuds, and that consumers continue to get access to inexpensive mobile devices. Several countries including the United States issue compulsory licenses on patents in the pharmaceutical, medical, defence, software, and engineering domains for reasons of public policy, or to thwart or correct anticompetitive practices.</i>”<a href="#_ftn10" name="_ftnref10"><span>[10]</span></a> We believe that such a measure will not be in breach of our international obligations under the TRIPS Agreement.<br /><br /></span></li>
<li style="text-align: justify; "><b><span><span>Increase transparency in the patent system by making patentees comply with the law</span></span></b><span>: </span><span>The Patents Act, 1970 requires patentees and licensees to submit a statement on commercial working of the invention to the Controller every year.<a href="#_ftn11" name="_ftnref11"><span>[11]</span></a> Form 27 under section 146(2) of the Act lists the details necessary to be disclosed for compliance of the requirement of “working”. A jurisprudential analysis reveals the rationale and objective behind this mandatory requirement. Undeniably, the scheme of the Indian patent regime makes it amply clear that “working” is a very important requirement, and the public as well as competitors have a right to access this information in a timely manner, without undue hurdles. Indeed, as the decision<a href="#_ftn12" name="_ftnref12"><span>[12]</span></a> in <i>Natco Pharma </i>v. <i>Bayer Corporation<a href="#_ftn13" name="_ftnref13"><b><span>[13]</span></b></a></i> reveals, the disclosures in Form 27 were crucial to determining the imposition of a compulsory license on the patentee. <b>Thus, broadly, Form 27 disclosures can critically enable willing licensees to access patent “working” information in a timely manner</b>.</span><span> </span><span><br /><br />However, there has been little compliance of this requirement by the patentees, despite the Indian Patent Office (<b>IPO</b>) reiterating the importance of compliance through the issuance of multiple public notices<a href="#_ftn14" name="_ftnref14"><span>[14]</span></a> (suo motu and in response to a public interest litigation filed in 2011<a href="#_ftn15" name="_ftnref15"><span>[15]</span></a>), and, reminding the patentees that noncompliance is punishable with a heavy fine.<a href="#_ftn16" name="_ftnref16"><span>[16]</span></a> Findings of research submitted by one of the parties<a href="#_ftn17" name="_ftnref17"><span>[17]</span></a> in the writ of the 2011 public interest <i>litigation Shamnad Basheer v. Union of India</i> <i>and others</i><a href="#_ftn18" name="_ftnref18"><span>[18]</span></a> reveal as follows. First, a large number of Form 27s are unavailable for download from the website of the IPO. This possibly indicates that the forms have either not been filed by the patentees with the IPO, or have not been uploaded (yet) by the IPO. Second, a large number of filings in the telecom sector remain incomplete.</span><span><br /><br />In 2015, CIS queried the IPO website for Form 27s of mobile device patents to arrive at a similar conclusion. We obtained 4,916 valid Form 27s, corresponding to 3,126 mobile device patents from public online records. These represented only 20.1% of all Forms 27 that should have been filed and corresponded to only 72.5% of all mobile device patents for which Forms 27 should have been filed. Forms 27 were missing for almost all patentees, and even among Forms 27 that were obtained, almost none contained useful information regarding the working of the subject patents or fully complying with the informational requirements of the Indian Patent Rules.<a href="#_ftn19" name="_ftnref19"><span>[19]</span></a></span><span><br /><br />Further, in our study, we observed that patentees adopted drastically different positions regarding the definition of patent working, some arguing that importation of products into India or licensing of Indian suppliers constituted working, while others even went so far as to argue that the granting of a worldwide license to a non-Indian firm constituted working in India. Several significant patentees claimed that they or their patent portfolios were simply too large to enable the provision of information relating to individual patents, and instead provided gross revenue and product sale figures, together with historical anecdotes about their long histories in India.</span><span><br /><br />The Indian government has made little or no effort to monitor or police compliance with Form 27 filings, undoubtedly leading to significant non-compliance. We also propose the alteration of the Form 27 template<a href="#_ftn20" name="_ftnref20"><span>[20]</span></a> to include more disclosures.<a href="#_ftn21" name="_ftnref21"><span>[21]</span></a> Presently, patentees are required to declare number of licensees and sub-licensees. We specifically propose that the format of Form 27 filings be modified to include patent pool licenses, with an explicit declaration of the names of the licensees and not just the number.<br /><br /></span></li>
<li style="text-align: justify; "><span><b>Require royalty rates to be decided on the basis of the Smallest Saleable Patent Practicing Component: </b>Most modern telecommunication and IT devices are complex with numerous technologies working in tandem. Different studies indicate that the number of patents in the US applicable to smartphones is between 200,000 and 250,000.<a href="#_ftn22" name="_ftnref22"><span>[22]</span></a> A comprehensive patent landscape of mobile device technologies conducted by CIS reveals that nearly 4,000 patents are applicable to mobile phones sold in India.<a href="#_ftn23" name="_ftnref23"><span>[23]</span></a> It is thus extremely difficult to quantify the exact extent of interaction and interdependence between technologies in any device, in such a way that the exact contribution of the patented technology to the entire device can be determined. Thus, we submit that royalty rates for SEPs should be based on the <i>smallest saleable patent practising component</i>, and not on the net price of the downstream product.</span><span><br /><br />The net cost of the device is almost always several times that of the chipset that implements the patented technology. Armstrong et al<a href="#_ftn24" name="_ftnref24"><span>[24]</span></a> have found that the cost of a 4G baseband chip costs up to $20 including royalties in a hypothetical $400 phone sold in the US. One of the litigating parties in the ongoing patent infringement lawsuits in India has stated that one of the reasons for preferring to leverage its patents as downstream as possible in the value chain is that it will earn the company more royalties.<a href="#_ftn25" name="_ftnref25"><span>[25]</span></a> In instances where patent exhaustion occurs much earlier in the value chain, such as in the case of the company’s cross-licenses with Qualcomm (another company that owns patents to chip technologies), the company does not try to obtain royalties from the selling prices of devices for the cross-licensed technologies. It is submitted that such market practices could be detrimental to the government’s objectives such as providing a mobile handset to every Indian by 2020 as a part of the Digital India programme.<a href="#_ftn26" name="_ftnref26"><span>[26]</span></a> It is also worth noting in this context that the mobile device is the first and only medium of access to the Internet and telecom services for a large number of Indians, and, consequently, the only gateway to access to knowledge, information and critical services, including banking.<a href="#_ftn27" name="_ftnref27"><span>[27]</span></a></span><b><i><span><br /><br /> “Q.5 Please suggest a dispute resolution mechanism for determination of royalty distribution on FRAND (Fair Reasonable and Non Discriminatory) basis.”</span></i></b><span><br /><br />The licensing of SEPs on FRAND terms requires the parties to negotiate “reasonable” royalty rates in good faith, and apply the terms uniformly to all willing licensees. It is our submission that if the parties cannot agree to FRAND terms, they may enter into <b>binding arbitration</b>. Further, if all efforts fail, there exist remedies under the Patents Act and the Competition Act, 2002 to address the issues.</span><span><br /><br />Section 115 of the Patents Act empowers the court to appoint an independent scientific adviser “<i>to assist the court or to inquire and report upon any such question of fact or of opinion (not involving a question of interpretation of law) as it may formulate for the purpose.</i>”<a href="#_ftn28" name="_ftnref28"><span>[28]</span></a> Such an independent adviser may inform the court on the technical nuances of the matter.</span><span><br /><br />Further<b>, </b>under the Patents Act, pending the decision of infringement proceedings the Court may provide interim relief, if the plaintiff proves <i>first, </i>a prima facie case of infringement; <i>second, </i>that the balance of convenience tilts in plaintiff’s favour; and, <i>third, </i>that if an injunction is not granted the plaintiff shall suffer irreparable damage. However, it is our suggestion that courts adopt a more cautious stance towards granting injunctions in the field of SEP litigation. <i>First, </i>in our opinion, injunctions may prove to be a deterrent to arrive at a FRAND commitment, in particular, egregiously harming the willing licensee. <i>Second, </i>especially in the Indian scenario, where litigating parties operate in vastly different price segments (thereby targeting consumers with different purchasing power), it is difficult to establish that “irreparable damage” has been caused to the patent owner on account of infringement. <i>Third, </i>we note the approach of the European Court of Justice, which prohibited the patent holder from enforcing an injunction provided a willing licensee makes an offer for the price it wishes to pay to use a patent under the condition that it deposited an amount in the bank as a security for the patent holder.<a href="#_ftn29" name="_ftnref29"><span>[29]</span></a> <i>Fourth, </i>we also note the approach of the Federal Trade Commission in the USA, which only authorizes patent holders to seek injunctive relief against potential licensees who have either stated that they will not license a patent on any terms, or refuse to enter into a license agreement on terms that have been set in the final ruling of a court or arbitrator.<a href="#_ftn30" name="_ftnref30"><span>[30]</span></a> Further, as Contreras (2015)<a href="#_ftn31" name="_ftnref31"><span>[31]</span></a> observes, that the precise boundaries of what constitutes as an unwilling licensee remains to be seen. We observe a similar ambiguity in Indian jurisprudence, and accordingly submit that courts should carefully examine the conduct of the licensee to injunct them from the alleged infringement.</span></li>
</ol>
<p style="text-align: justify; "><b>Concluding Remarks</b></p>
<ol style="text-align: justify; "> </ol>
<p style="text-align: justify; "><span>We are thankful to TRAI for the opportunity to make these submissions. It would be our pleasure and privilege to discuss these comments with the TRAI; and, supplement these with further submissions if necessary. We also offer our assistance on other matters aimed at developing a suitable policy framework for SEPs and FRAND in India, and, working towards the sustained innovation, manufacture and availability of mobile technologies in India.</span></p>
<hr style="text-align: justify; " />
<p style="text-align: justify; "><a href="#_ftnref1" name="_ftn1"><span>[1]</span></a> Department of Industrial Policy and Promotion Discussion Paper on Standard Essential Patents and their Availability on Frand Terms, available at <a href="https://cis-india.org/a2k/blogs/discussion-paper-on-standard-essential-patents-and-their-availability-on-frand-terms">https://cis-india.org/a2k/blogs/discussion-paper-on-standard-essential-patents-and-their-availability-on-frand-terms</a> (last accessed November 13, 2017)</p>
<p style="text-align: justify; "><a href="#_ftnref2" name="_ftn2"><span>[2]</span></a> Anubha Sinha, Nehaa Chaudhari and Rohini Lakshane, “CIS’ Comments on Department of Industrial Policy and Promotion Discussion Paper on Standard Essential Patents and their Availability on Frand Terms” (April 23, 2016); available at <a href="https://cis-india.org/a2k/blogs/comments-on-department-of-industrial-policy-and-promotion-discussion-paper-on-standard-essential-patents-and-their-availability-on-frand-terms">https://cis-india.org/a2k/blogs/comments-on-department-of-industrial-policy-and-promotion-discussion-paper-on-standard-essential-patents-and-their-availability-on-frand-terms</a></p>
<p style="text-align: justify; "><a href="#_ftnref3" name="_ftn3"><span>[3]</span></a> <a href="http://www.cis-india.org">www.cis-india.org</a></p>
<p style="text-align: justify; "><a href="#_ftnref4" name="_ftn4"><span>[4]</span></a> Rohini Lakshané, CIS, List of Technical Standards and IP Types (Working document), available at https://drive.google.com/file/d/0B8SgjShAjhbtaml5eW50bS01d2s/view?usp=sharing (last accessed 13 November, 2017).</p>
<p style="text-align: justify; "><a href="#_ftnref5" name="_ftn5"><span>[5]</span></a> Kumkum Sen, News on Royalty Payments Brings Cheer in New Year, available at http://www.businessstandard.com/article/economypolicy/newsonroyaltypaymentbringscheerinnewyear11001 0400044_1.html (last accessed 13 November, 2017).</p>
<p style="text-align: justify; "><a href="#_ftnref6" name="_ftn6"><span>[6]</span></a> See Sanjana Govil, Putting a Lid on Royalty Outflows How the RBI Can Help Reduce India’s IP Costs <i>, </i>available at <a href="http://cisindia.org/a2k/blogs/lidonroyaltyoutflows">http://cisindia.org/a2k/blogs/lidonroyaltyoutflows</a> (last accessed 13 November, 2017) for a discussion on the introduction of royalty caps in the early 1990s, and its success in reducing the flow of money out of India.</p>
<p style="text-align: justify; "><a href="#_ftnref7" name="_ftn7"><span>[7]</span></a> Nehaa Chaudhari, Letter for Establishment of Patent Pool for Low cost Access Devices through Compulsory</p>
<p style="text-align: justify; ">Licenses, available at <a href="http://cisindia.org/a2k/blogs/letterforestablishmentofpatentpoolforlowcostaccessdevices">http://cisindia.org/a2k/blogs/letterforestablishmentofpatentpoolforlowcostaccessdevices </a>(last accessed 13 November, 2017).</p>
<p style="text-align: justify; "><a href="#_ftnref8" name="_ftn8"><span>[8]</span></a> See Rohini Lakshané, Open Letter to PM Modi, available at <a href="http://cisindia.org/a2k/blogs/openlettertoprimeministermodi">http://cisindia.org/a2k/blogs/openlettertoprimeministermodi</a> (last accessed 13 November, 2017) for further details of CIS’ proposal.</p>
<p style="text-align: justify; "><a href="#_ftnref9" name="_ftn9"><span>[9]</span></a> Rohini Lakshané, FAQ: CIS’ proposal to form a patent pool of critical mobile technology, September 2015, available at <a href="http://cisindia.org/a2k/blogs/faqcisproposalforcompulsorylicensingofcriticalmobiletechnologies">http://cisindia.org/a2k/blogs/faqcisproposalforcompulsorylicensingofcriticalmobiletechnologies </a>(last accessed 13 November, 2017).</p>
<p style="text-align: justify; "><a href="#_ftnref10" name="_ftn10"><span>[10]</span></a> Id.</p>
<p style="text-align: justify; "><a href="#_ftnref11" name="_ftn11"><span>[11]</span></a> Section 146(2) of the Patents Act, 1970.</p>
<p style="text-align: justify; "><a href="#_ftnref12" name="_ftn12"><span>[12]</span></a> Sai Vinod, Patent Office Finally Takes Form 27s Seriously, available at <a href="http://spicyip.com/2013/02/patentofficefinallytakesform27s.html">http://spicyip.com/2013/02/patentofficefinallytakesform27s.html</a> (last accessed 13 November, 2017).</p>
<p style="text-align: justify; "><a href="#_ftnref13" name="_ftn13"><span>[13]</span></a> Order No. 45/2013 (Intellectual Property Appellate Board, Chennai), available at <a href="http://www.ipab.tn.nic.in/0452013.htm">http://www.ipab.tn.nic.in/0452013.htm</a> (last accessed 13 November, 2017).</p>
<p style="text-align: justify; "><a href="#_ftnref14" name="_ftn14"><span>[14]</span></a> Intellectual Property India, Public Notice, available at</p>
<p style="text-align: justify; "><a href="http://www.ipindia.nic.in/iponew/publicNotice_Form27_12Feb2013.pdf">http://www.ipindia.nic.in/iponew/publicNotice_Form27_12Feb2013.pdf</a> ((last accessed 13 November, 2017) <i>and </i>Intellectual Property India, Public Notice, available at <a href="http://ipindia.nic.in/iponew/publicNotice_24December2009.pdf">http://ipindia.nic.in/iponew/publicNotice_24December2009.pdf</a> (last accessed 13 November, 2017).</p>
<p style="text-align: justify; "><a href="#_ftnref15" name="_ftn15"><span>[15]</span></a> Supra note 11.</p>
<p style="text-align: justify; "><a href="#_ftnref16" name="_ftn16"><span>[16]</span></a> Id.</p>
<p style="text-align: justify; "><a href="#_ftnref17" name="_ftn17"><span>[17]</span></a> See research findings available at <a href="http://spicyip.com/wpcontent/uploads/2015/05/FORM27WP1Rcopy.pdf">http://spicyip.com/wpcontent/uploads/2015/05/FORM27WP1Rcopy.pdf</a> (last accessed 13 November, 2017).</p>
<p style="text-align: justify; "><a href="#_ftnref18" name="_ftn18"><span>[18]</span></a> In the High Court of Delhi, W.P.(C) 5590/2015. This litigation is currently ongoing. See, illustratively, Mathews P. George, <i>Patent Working in India: Delhi HC issues notice in Shamnad Basheer </i>v<i>. Union of India & Ors. – I </i>, available at <a href="http://spicyip.com/2015/09/patentworkinginindiadelhihcissuesnoticeinshamnadbasheervunionofindiaorsi.html">http://spicyip.com/2015/09/patentworkinginindiadelhihcissuesnoticeinshamnadbasheervunionofindiaorsi.html</a> (last accessed 13 November, 2017).</p>
<p style="text-align: justify; "><a href="#_ftnref19" name="_ftn19"><span>[19]</span></a> Contreras, Jorge L. and Lakshané, Rohini and Lewis, Paxton, Patent Working Requirements and Complex Products (October 1, 2017). NYU Journal of Intellectual Property & Entertainment Law, Forthcoming. Available at SSRN: <a href="https://ssrn.com/abstract=3004283">https://ssrn.com/abstract=3004283</a></p>
<p style="text-align: justify; "><a href="#_ftnref20" name="_ftn20"><span>[20]</span></a> Form 27, The Patents Act, available at <a href="http://ipindia.nic.in/ipr/patent/manual/HTML%20AND%20PDF/Manual%20of%20Patent%20Office%20Practice%20and%20Procedure%20%20html/Forms/Form27.pdf">http://ipindia.nic.in/ipr/patent/manual/HTML%20AND%20PDF/Manual%20of%20Patent%20Office%20Practice%20and%20Procedure%20%20html/Forms/Form27.pdf</a> (last accessed November 13, 10`7).</p>
<p style="text-align: justify; "><a href="#_ftnref21" name="_ftn21"><span>[21]</span></a> However, we came across some complaints raised by patentees and industry observers regarding the structure of the Form 27 requirement - namely, patents covering complex, multi-component products that embody dozens of technical standards and thousands of patents are not necessarily amenable to the individual-level data requested by Form 27. See Contreras, Jorge L. and Lakshané, Rohini and Lewis, Paxton, Patent Working Requirements and Complex Products (October 1, 2017). NYU Journal of Intellectual Property & Entertainment Law, Forthcoming. Available at SSRN: <a href="https://ssrn.com/abstract=3004283">https://ssrn.com/abstract=3004283</a></p>
<p style="text-align: justify; "><a href="#_ftnref22" name="_ftn22"><span>[22]</span></a> Mark Lemley and Carl Shapiro, Patent Holdup and Royalty Stacking, <i>85 Tex. L. Rev. at 2015 </i>; See also, for e.g.,</p>
<p style="text-align: justify; ">RPX Corporation, Amendment No. 3 to Form Sl,11 Apr. 2011, at 59, available at http://www.sec.gov/Archives/edgar/data/1509432/000119312511101007/ds1a.htm (last accessed 22 April, 2016), quoting <i>“Based on our research, we believe there are more than 250,000 active patents relevant to today’s</i></p>
<p style="text-align: justify; "><i>smartphones…” </i>.; See further Steve Lohr, Apple Samsung Case Shows Smartphone as Legal Magnet, New York Times, 25 Aug. 2012, available at <a href="http://www.nytimes.com/2012/08/26/technology/applesamsungcaseshowssmartphoneaslawsuitmagnet">http://www.nytimes.com/2012/08/26/technology/applesamsungcaseshowssmartphoneaslawsuitmagnet</a>.html (last accessed November13, 2017).</p>
<p style="text-align: justify; "><a href="#_ftnref23" name="_ftn23"><span>[23]</span></a> Jorge L. Contreras and Rohini Lakshané, Patents and Mobile Devices in India: An Empirical Survey, available at <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2756486">http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2756486</a> (last accessed 13 November, 2017).</p>
<p style="text-align: justify; "><a href="#_ftnref24" name="_ftn24"><span>[24]</span></a> Ann Armstrong, Joseph J. Mueller and Timothy D. Syrett, The SmartphoneRoyalty Stack:Surveying Royalty Demands for the Components Within Modern Smartphones, available at <a href="https://www.wilmerhale.com/uploadedFiles/Shared_Content/Editorial/Publications/Documents/TheSmartphoneRoyaltyStackArmstrongMuellerSyrett.pdf">https://www.wilmerhale.com/uploadedFiles/Shared_Content/Editorial/Publications/Documents/TheSmartphoneRoyaltyStackArmstrongMuellerSyrett.pdf</a> (last accessed 13 November, 2017)</p>
<p style="text-align: justify; "><a href="#_ftnref25" name="_ftn25"><span>[25]</span></a> Florian Mueller, Ericsson Explained Publicly why it Collects Patent Royalties from Device (Not Chipset) Makers, available at <a href="http://www.fosspatents.com/2014/01/ericssonexplainedpubliclywhyits.Html">http://www.fosspatents.com/2014/01/ericssonexplainedpubliclywhyits.Html</a> (last accessed 13 November, 2017).</p>
<p style="text-align: justify; "><a href="#_ftnref26" name="_ftn26"><span>[26]</span></a> Romit Guha and Anandita Singh Masinkotia, PM Modi’s Digital India Project:Government to Ensure that Every Indian has a Smartphone by 2019, available at <a href="http://articles.economictimes.indiatimes.com/20140825/news/53205445_1_digitalindiaindiatodayfinancialservices">http://articles.economictimes.indiatimes.com/20140825/news/53205445_1_digitalindiaindiatodayfinancialservices</a> (last accessed 13 November, 2017).</p>
<p style="text-align: justify; "><a href="#_ftnref27" name="_ftn27"><span>[27]</span></a> Nehaa Chaudhari, Standard Essential Patents on Low Cost Mobile Phones in India: A Case to Strengthen Competition Regulation? available at <a href="http://www.manupatra.co.in/newsline/articles/Upload/08483340C1B94BA4B6A9D6B6494391B8.pdf">http://www.manupatra.co.in/newsline/articles/Upload/08483340C1B94BA4B6A9D6B6494391B8.pdf</a> (last accessed 13 November, 2017).</p>
<p style="text-align: justify; "><a href="#_ftnref28" name="_ftn28"><span>[28]</span></a> Section 115 of the Patents Act, 1970.</p>
<p style="text-align: justify; "><a href="#_ftnref29" name="_ftn29"><span>[29]</span></a> <i>Huawei Technologies Co. Ltd </i>v. <i>ZTE Corp. and ZTE Deutschland </i>, Judgment of the Court (Fifth Chamber) of 16 July 2015 in GmbH C170/13.</p>
<p style="text-align: justify; "><a href="#_ftnref30" name="_ftn30"><span>[30]</span></a> Third Party United States Fed. Trade Commission’s Statement on the Public Interest, <i>In re Certain Wireless Communication Devices, Portable Music and Data Processing Devices, Computers and Components Thereof</i>, U.S. Int’l Trade Comm’n, Inv. No. 337TA745 (Jun. 6, 2012).</p>
<p style="text-align: justify; "><a href="#_ftnref31" name="_ftn31"><span>[31]</span></a> Jorge L. Contreras, A Brief History of FRAND: Analyzing Current Debates in Standard Setting and Antitrust Through a Historical Lens <i>, </i>80 Antitrust Law Journal 39 (2015), available at h ttp://ssrn.com/abstract=2374983 or <a href="http://dx.doi.org/10.2139/ssrn.2374983">http://dx.doi.org/10.2139/ssrn.2374983</a> (last accessed 13 November, 2017).</p>
<p>
For more details visit <a href='http://editors.cis-india.org/telecom/blog/cis-comments-on-promoting-local-telecom-equipment-manufacturing'>http://editors.cis-india.org/telecom/blog/cis-comments-on-promoting-local-telecom-equipment-manufacturing</a>
</p>
No publishersinhaTelecomFeaturedHomepage2017-11-26T02:56:15ZBlog EntryThe Fundamental Right to Privacy: An Analysis
http://editors.cis-india.org/internet-governance/blog/the-fundamental-right-to-privacy-an-analysis
<b>Last month’s judgment by the nine judge referral bench was an emphatic endorsement of the the constitutional right to privacy. In the course of a 547 page judgment, the bench affirmed the fundamental nature of the right to privacy reading it into the values of dignity and liberty. In the course of a few short papers, we will dissect the various aspects of the right to privacy as put forth by the nine judge constitutional bench in the Puttaswamy matter. The papers will focus on the sources, structure, scope, breadth, and future of privacy. Here are the first three papers, authored by Amber Sinha and edited by Elonnai Hickok.
</b>
<p> </p>
<h3><strong>The Fundamental Right to Privacy - Part I: Sources</strong></h3>
<p>Much of the debate and discussion in the hearings before the constitutional bench was regarding where in the Constitution a right to privacy may be located. In this paper, we analyse the different provisions and tools of interpretations use by the bench to read a right to privacy in Part III of the Constitution.</p>
<h4>Download: <a href="https://cis-india.org/internet-governance/files/amber-sinha-the-fundamental-right-to-privacy-i-sources-pdf/at_download/file">PDF</a></h4>
<hr />
<h3><strong>The Fundamental Right to Privacy - Part II: Structure</strong></h3>
<p>In the previous paper, we delved into the sources in the Constitution and the interpretive tools used to locate
the right to privacy as a constitutional right. This paper follows it up with an analysis of the structure of the right to privacy as articulated by the bench. We will look at the various facets of privacy which form a part of the fundamental right, the basis for such dimensions and what their implications may be.</p>
<h4>Download: <a href="https://cis-india.org/internet-governance/files/amber-sinha-the-fundamental-right-to-privacy-ii-structure-pdf/at_download/file">PDF</a></h4>
<hr />
<h3><strong>The Fundamental Right to Privacy - Part III: Scope</strong></h3>
<p>While the previous papers dealt with the sources in the Constitution and the interpretive tools used by the bench to locate the right to privacy as a constitutional right, as well as the structure of the right with its various dimensions, this paper will look at the judgment for guidance on principles to determine what the scope of the right of privacy may be.</p>
<h4>Download: <a href="http://editors.cis-india.org/internet-governance/the200b-200bfundamental200b-200bright200b-200bto200b-200bprivacy-200b-200bpart200b-200biii-scope/at_download/file" class="external-link">PDF</a></h4>
<p> </p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/the-fundamental-right-to-privacy-an-analysis'>http://editors.cis-india.org/internet-governance/blog/the-fundamental-right-to-privacy-an-analysis</a>
</p>
No publisheramberFeaturedHomepageInternet GovernancePrivacy2017-10-04T11:19:46ZBlog EntryCIS Statement on Right to Privacy Judgment
http://editors.cis-india.org/internet-governance/blog/cis-statement-on-right-to-privacy-judgment
<b>In an emphatic endorsement of the right to privacy, a nine judge constitutional bench unanimously upheld a fundamental right to privacy. The events leading to this bench began during the hearings in the ongoing Aadhaar case, when in August 2015, Mukul Rohatgi, the then Attorney General stated that there is no constitutionally guaranteed right to privacy.</b>
<p style="text-align: justify;">reliance was on two Supreme Court judgments in MP Sharma v Satish Chandra (1954) and Kharak Singh v State of Uttar Pradesh (1962): both cases, decided by eight- and six-judge benches respectively, denied the existence of a constitutional right to privacy. As the subsequent judgments which upheld the right to privacy were by smaller benches, he claimed that MP Sharma and Kharak Singh still prevailed over them, until they were overruled by a larger bench. This landmark judgment was in response to a referral order to clear the confusion over the status of privacy as a right.</p>
<p style="text-align: justify;">We, at the Centre for Internet and Society (CIS) welcome this judgement and applaud the depth and scope of the Supreme Court’s reasoning. CIS has been producing research on the different aspects of the right to privacy and its implications for the last seven years and had the privilege of serving on the Justice AP Shah Committee and contributing to the Report of the Group of Experts on Privacy.<a name="fr1" href="#fn1">[1]</a> We are honoured that some of our research has also been cited by the judgment.<a name="fr2" href="#fn2">[2] </a>Such judicial recognition is evidence of the impact sound research can have on policymaking.</p>
<p style="text-align: justify;" class="normal">In the course of a 547 page judgment, the bench affirmed the fundamental nature of the right to privacy reading it into the values of dignity and liberty. The judgment is instructive in its reference to scholarly works and jurisprudence not only in India but other legal systems such as USA, South Africa, EU and UK, while recognising a broad right to privacy with various dimensions across spatial, informational and decisional spheres. We note with special appreciation that women’s bodily integrity and citizens’ sexual orientation are among those aspects of privacy that were clearly recognised in the judgment. For researchers studying privacy and its importance, this judgment is of great value as it provides clear reasoning to reject oft-quoted arguments which are used to deny privacy’s significance. The judgement is also cognizant of the implications of the digital age and emphasise the need for a robust data protection framework.</p>
<p style="text-align: justify;" class="normal">The right to privacy has been read into into Article 21 (Right to life and liberty), and Part III (Chapter on Fundamental Rights) of the Constitution. This means that any limitation on the right in the form of reasonable restrictions must not only satisfy the tests evolved under Article 21, but where loss of privacy leads to infringement on other rights, such as chilling effects of surveillance on free speech, the tests for constitutionality under those provisions for also be satisfied by the limiting action. This provides a broad protection to citizens’ privacy which may not be easily restricted. We expect that this judgment will have far reaching impacts, not just with respect to the immediate Aadhaar case, but also to in a score of other matters such as protection of sexual choice by decriminalising Section 377 of the Indian Penal Code, oversight of statutory search and seizure provisions such as Section 132 of the Income Tax Act, personal data collection and processing practices by both state and private actors and mass surveillance programmes in the interest of national security.</p>
<p style="text-align: justify;" class="normal">As this judgment comes in response to a referral order, the judges were not dealing with any questions of fact to ground the legal principles in. Subsequent judgments which deal with privacy will apply these principles and further evolve the contours of this right on a case-by-case basis. For now, we welcome this judgment and look forward to its consistent application in the future.</p>
<hr />
<p>[<a name="fn1" href="#fr1">1</a>]. http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf</p>
<p style="text-align: justify;" class="normal">[<a name="fn2" href="#fr2">2</a>]. CIS was quoted in the judgement on footnote 46, page 33 and 34: <a href="http://supremecourtofindia.nic.in/pdf/LU/ALL%20WP(C)%20No.494%20of%202012%20Right%20to%20Privacy.pdf">http://supremecourtofindia.nic.in/pdf/LU/ALL%20WP(C)%20No.494%20of%202012%20Right%20to%20Privacy.pdf </a>The quote is " Illustratively, the Centre for Internet and Society has two interesting articles tracing the origin of privacy within Classical Hindu Law and Islamic Law. See Ashna Ashesh and Bhairav Acharya ,“Locating Constructs of Privacy within Classical Hindu Law”, The Centre for Internet and Society, available at <a href="https://cis-india.org/internet-">https://cis-india.org/internet-</a>governance/blog/loading-constructs-of-privacy-within-classical-hindu-law. See also Vidushi Marda and Bhairav Acharya, “Identifying Aspects of Privacy in Islamic Law”, The Centre for Internet and Society, available at <a href="https://cis-india.org/internet-governance/blog/identifying-aspects-of-privacy-in-islamic-law">https://cis-india.org/internet-governance/blog/identifying-aspects-of-privacy-in-islamic-law</a> " Further, research commissioned by CIS cited in the judgment includes a reference in page 201 footnote 319, "Bhairav Acharya, “The Four Parts of Privacy in India”, Economic & Political Weekly (2015), Vol. 50 Issue 22, at page 32." </p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/cis-statement-on-right-to-privacy-judgment'>http://editors.cis-india.org/internet-governance/blog/cis-statement-on-right-to-privacy-judgment</a>
</p>
No publisheramberFeaturedInternet GovernancePrivacy2017-08-31T18:13:14ZBlog EntryHigh Level Comparison and Analysis of the Use and Regulation of DNA Based Technology Bill 2017
http://editors.cis-india.org/internet-governance/blog/high-level-comparison-and-analysis-of-the-use-and-regulation-of-dna-based-technology-bill-2017
<b>This blog post seeks to provide a high level comparison of the 2017 and 2015 DNA Profiling Bill - calling out positive changes, remaining issues, and missing provisions. </b>
<p style="text-align: justify; ">In July 2017 the Law Commission published a report on DNA profiling and the <a href="http://lawcommissionofindia.nic.in/reports/Report271.pdf"><i>“Draft Use and Regulation of DNA Based Technology Bill 2017”</i></a>. India has been contemplating a draft DNA Profiling Bill since 2007. There have been two publicly available versions of the bill, <a href="https://cis-india.org/internet-governance/blog/draft-dna-profiling-bill-2012.pdf">2012,</a> and <a href="http://www.prsindia.org/uploads/media/draft/Draft%20Human%20DNA%20Profiling%20Bill%202015.pdf">2015,</a> and one version in 2016. In 2013, the Department of Biotechnology formulated an <a href="https://cis-india.org/internet-governance/blog/expert-committee-meetings.zip/view">Expert Committee </a>to discuss different aspects and issues raised regarding the Bill towards finalizing the text. The Centre for Internet and Society was a member of the Expert Committee, and in its conclusion, issued a note of <a href="https://cis-india.org/internet-governance/blog/dna-dissent">dissent to the Expert Committee for DNA Profiling</a>.</p>
<p style="text-align: justify; ">This post provides a high level overview of the Use and Regulation of DNA Based Technology Bill 2017 and calls out positive changes from the 2015 Bill, remaining issues, and missing provisions. The post also calls out if, and where, CIS's recommendations to the Expert Committee have been incorporated.</p>
<p style="text-align: justify; ">If enacted, the 2017 Bill will establish national and regional DNA data banks that will maintain five different types of indices: a crime scene index, missing persons, offenders, suspects, and unknown deceased persons. The data banks will be led by a Director, responsible for communicating information with requesting entities, foreign states, and international organizations. Information relating to DNA profiles, DNA samples, and records maintained in a DNA laboratory can be made available in six instances: to law enforcement and investigating agencies, in judicial proceedings, for facilitating prosecution and adjudication of criminal cases, for taking defence of an accused, for investigation of civil disputes, and other cases which might be specified by regulations. Offences related to unauthorized disclosure of information in the DNA data bank, obtaining information from DNA data banks without authorization, unlawful access to information in the DNA Data Bank, using DNA sample or result without authorization, and destroying, altering, contaminating, or tampering with biological evidence.</p>
<p style="text-align: justify; ">Below are some key positive changes from the 2015 Bill, remaining issues, and missing safeguards from the 2017 Bill:</p>
<p style="text-align: justify; "><b>Positive Changes: </b>The Bill contains a number of positive changes from the 2015 draft. Key ones include: <b> </b></p>
<ol style="text-align: justify; ">
<li><b>Consent:</b> Section 21 prohibits the taking of samples from arrested persons without consent, except in the case of a specified offence - a specified offence being any offence punishable with death or imprisonment for a term exceeding seven years. If consent is refused, a magistrate can order the taking of the sample. This can be in the case of any matter listed in the Schedule of the Act. Section 22 provides for consent from volunteers. It is important to note that despite being an improvement from the 2015 Bill, which did not address instances of collection with our without consent, this provision is still broad as the list of offences under the Schedule is expansive and can be further expanded by the Central Government.<b> </b>Furthermore, the Magistrate can overrule a refusal of consent of the parent or guardian of a voluneet who is a minor, which does not provide adequate protection to childrens' rights.</li>
<li><b>Deletion</b>: Section 31 defines instances for deletion of suspect profiles, under trial profiles, and all other profiles. Though a step in the right direction, as the 2015 Bill only addressed retention and deletion of the offenders index, this provision does not address the automatic removal of innocents.</li>
<li><b>Purpose limitation</b>: Section 33 limits the purpose of profiles in the DNA Data Bank to that of facilitating identification. This is a positive step from the 2015 Bill - which enabled use of DNA profiles for the creation and maintenance of a population statistics data bank. Section 34 also limits the purposes for which information relating to DNA profiles, samples, and records can be made available.</li>
<li><b>Destruction of samples:</b> Section 20 defines instances for destruction of DNA samples. Destruction of samples was not address in the 2015 Bill, and is an important protection as it prevents samples from being re-analyzed.</li>
<li><b>Comparison of profiles</b>: Section 29 clarifies that if the individual is not an offender or a suspect, their information will not be compared with DNA profiles in the offenders’ or suspects index. This creates an important distinction between types of indices held in the data bank and the purpose for the same i.e missing persons are not treated as potential offenders. In the 2015 Bill, profiles entered in the offenders or crime scene index could be compared by the DNA Data Bank Manger against all profiles contained in the DNA Data Bank.</li>
<li><b>Re-testing</b>: Section 24 allows for an accused person to request for a re-examination of fresh bodily substances if it is believed the sample has been contaminated. The closest provision to this in the 2015 was the creation a post - conviction right for DNA profiling - which is now deleted. It is important to note that fresh samples can easily be obtained from individuals, but if contamination happens at a crime scene, it is much more difficult to obtain a fresh sample.</li>
<li><b>Limiting Indices and including a crime scene index</b>: The 2017 Bill limits the number of indices to five - a crime scene index, missing persons, offenders, suspects, and unknown deceased persons. This is an improvement from the 2015 Bill which provides for the maintenance of indices in the DNA Bank and includes a missing person’s index, an unknown deceased person’s index, a volunteers’ index, and such other DNA indices as may be specified by regulation. </li>
</ol>
<p style="text-align: justify; "><b>Remaining Issues: </b>There are some remaining issues in the 2017 Bill. Some of these include:</p>
<ol style="text-align: justify; ">
<li><b>Delegating and Expanding through Regulation:</b> The Bill delegates a number of procedures to regulation - many which should be in the text of the Bill. For example: the format for receiving and storing DNA profiles, and additional criteria for entry, retention, and deletion of DNA profiles. Furthermore, a number of provisions allow for expansion through regulation. For example, the sources from which DNA can be collected from to be expanded as specified by regulations. Further purposes for making DNA profiles available can be defined by regulation. Important procedures such as privacy and security safeguards are also left to regulation.</li>
<li><b>Broad Powers and Composition of the Board:</b> The Bill designates twenty one responsibilities to the Board. As pointed out in 1, many of these should be detailed in the text of the legislation. </li>
</ol>
<p style="text-align: justify; ">While serving on the Expert Committee,<a href="http://cis-india.org/internet-governance/blog/expert-committee-meetings.zip/view">CIS recommended</a> that the functions of the DNA Profiling Board should be limited to licensing, developing standards and norms, safeguarding privacy and other rights, ensuring public transparency, promoting information and debate and a few other limited functions necessary for a regulatory authority. This recommendation has not been incorporated.</p>
<p style="text-align: justify; ">Ideally, the Board should also include privacy experts, an expert in ethics, as well as civil society. Towards this, the Board should be comprised of separate Committees to address these different functions. There should be a Committee addressing regulatory issues pertaining to the functioning of Data Banks and Laboratories and an Ethics Committee to provide independent scrutiny of ethical issues.<b> </b></p>
<p style="text-align: justify; "><b>As a positive note, the reduction of the size of the Board was agreed upon by </b><a href="http://cis-india.org/internet-governance/blog/expert-committee-meetings.zip/view"><b>the Expert Committee from 16 members (2012 Bill) to 11 member</b></a><b>s. This reccomendation has been incorporated. </b></p>
<p style="text-align: justify; ">CIS also provided <a href="http://cis-india.org/internet-governance/blog/dna-dissent">language regarding</a> how the Board could consult with the public:<i>The Board, in carrying out its functions and activities, shall be required to consult with all persons and groups of persons whose rights and related interests may be affected or impacted by any DNA collection, storage, or profiling activity. The Board shall, while considering any matter under its purview, co-opt or include any person, group of persons, or organisation, in its meetings and activities if it is satisfied that that person, group of persons, or organisation, has a substantial interest in the matter and that it is necessary in the public interest to allow such participation. The Board shall, while consulting or co-opting persons, ensure that meetings, workshops, and events are conducted at different places in India to ensure equal regional participation and activities.</i> This language has not been fully incorporated<i> </i></p>
<ol style="text-align: justify; ">
<li><b>Lack of Authorization Procedure:</b> Though the Bill defines instances of when DNA information can be made available, it fails to establish or refer to an authorization process for making information available and the decision currently seems to rest with the DNA Bank Director.</li>
<li><b>Expansive Schedule:</b> The Bill creates a schedule containing a list of matters for DNA testing which includes whole acts and a range of civil disputes and matters that are broad and do not relate to criminal cases - most notably “issues relating to immigration or emigration and issues relating to establishment of individual identity.”</li>
<li><b>Unclear Data Stored:</b> Though the Bill clarifies the circumstance that the identity of the individual will be associated with a profile, it allows for ‘information of data based on DNA testing and records relating thereto” to be stored, yet it is unclear what information this would entail.</li>
<li><b>Lack of procedures for chain of custody:</b> Presently, the Bill defines quality assurance procedures for a sample that is already at the lab. There are no provisions defining a process for the examination of a crime scene and laying down standards for the chain of custody of a sample from the crime scene to a DNA laboratory. </li>
</ol>
<p style="text-align: justify; "><b>Missing Safeguards: </b></p>
<p style="text-align: justify; ">There are some safeguards that, if added, would strengthen the Bill and ensure rights to the individual:</p>
<ol style="text-align: justify; ">
<li><b>Notification to the individual:</b> There are no provisions that ensure that notification is given to an individual if his/her information is accessed or made available.</li>
<li><b>Right to challenge</b>: There are no provisions that give the individual the right to challenge the storage of their DNA.</li>
<li><b>Established profiling standard</b>: Though the Law Commission report refers to the 13 CODIS standard, the Bill does not mandate the use of the 13 CODIS profiling standard.</li>
<li><b>Reporting standard</b>: There are no standards for how matches or other information should be communicated from the DNA director to the authority or receiving entity including instances of partial matches.</li>
<li><b>Right to access and review:</b> There are no provisions that allow an individual to review his/her information contained in the regional or the national database.</li>
<li><b>Lack of costing:</b> There is no cost estimate in the report or a requirement for one to be carried out.</li>
<li><b>Study for the potential for false matches:</b> This must consider the size of the population and large family size, i.e. relatively large numbers of closely related people and is particularly necessary given the the size over population as large as India's. </li>
</ol>
<p style="text-align: justify; "><b>Importantly</b>, in the DNA Expert Committee, CIS requested the Expert Committee that the Bill be brought in line with the nine national principles defined in the Report of Experts on Privacy led by Justice AP Shah. These include the principles of notice, choice and consent, collection limitation, purpose limitation, access and correction, disclosure of information, security, openness, and accountability. These principles have not been fully incorporated.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/high-level-comparison-and-analysis-of-the-use-and-regulation-of-dna-based-technology-bill-2017'>http://editors.cis-india.org/internet-governance/blog/high-level-comparison-and-analysis-of-the-use-and-regulation-of-dna-based-technology-bill-2017</a>
</p>
No publisherelonnaiFeaturedHomepageInternet GovernancePrivacy2017-08-11T02:16:52ZBlog EntryGlobal Accessibility Awareness Day 2017
http://editors.cis-india.org/accessibility/events/global-accessibility-awareness-day-2017
<b>The Centre for Internet & Society along with Prakat Solutions and Mitra Jyothi is co-hosting the Global Accessibility Awareness Day in Bengaluru on May 18, 2017. </b>
<p style="text-align: justify;"><strong>Global Accessibility Awareness Day </strong>is celebrated across the world on the 3rd Thursday in May every year to create an awareness in making technology accessible and usable by persons with disabilities. While people may be interested in the topic of making technology accessible and inclusive, the reality is that they often do not know how or where to start, Awareness comes first.</p>
<p style="text-align: justify;">The purpose of GAAD is to get everyone talking, thinking and learning about digital (web, software, mobile, etc.) access/inclusion and people with different disabilities.</p>
<p style="text-align: justify;">To mark this day, Prakat Solutions will be hosting an event filled with lightning talks, workshops and a lot of other activities. You can also view a series of short videos about why accessibility is important with contributions from some of the greatest minds in accessibility today.For us as a company, Global Accessibility Awareness Day is quite special. Other awareness days that we participate in focus on a specific group of people. Today, is not about a specific group of people, today is about each and every one of us.</p>
<h3 style="text-align: justify;">Watch the Video on What is GAAD</h3>
<p><iframe src="https://www.youtube.com/embed/M9Ac5PAIKWo" frameborder="0" height="315" width="560"></iframe></p>
<p>
For more details visit <a href='http://editors.cis-india.org/accessibility/events/global-accessibility-awareness-day-2017'>http://editors.cis-india.org/accessibility/events/global-accessibility-awareness-day-2017</a>
</p>
No publisherpraskrishnaFeaturedHomepageAccessibilityEvent2017-05-16T05:51:45ZEvent(Updated) Information Security Practices of Aadhaar (or lack thereof): A documentation of public availability of Aadhaar Numbers with sensitive personal financial information
http://editors.cis-india.org/internet-governance/information-security-practices-of-aadhaar-or-lack-thereof-a-documentation-of-public-availability-of-aadhaar-numbers-with-sensitive-personal-financial-information-1
<b>Since its inception in 2009, the Aadhaar project has been shrouded in controversy due to various questions raised about privacy, technological issues, welfare exclusion, and security concerns. In this study, we document numerous instances of publicly available Aadhaar Numbers along with other personally identifiable information (PII) of individuals on government websites. This report highlights four government projects run by various government departments that have made sensitive personal financial information and Aadhaar numbers public on the project websites.
</b>
<p> </p>
<h4>Read the updated report: <a class="external-link" href="https://cis-india.org/internet-governance/information-security-practices-of-aadhaar-or-lack-thereof/" target="_blank">Download</a> (pdf)</h4>
<h4>Read the first statement of clarification (May 16, 2017): <a class="external-link" href="https://cis-india.org/internet-governance/clarification-on-information-security-practices-of-the-aadhaar-report/" target="_blank">Download</a> (pdf)</h4>
<h4>Read the second statement of clarification (November 05, 2018): <a class="external-link" href="https://cis-india.org/internet-governance/blog/clarification-on-the-information-security-practices-of-aadhaar-report" target="_blank">Link to page</a> (html)</h4>
<hr />
<p><em>We are grateful to Yesha Paul and VG Shreeram for research support.</em></p>
<hr />
<p>In the last month, there have been various reports pointing out instances of the public disclosure of Aadhaar number through various databases, accessible easily on Twitter under the hashtag #AadhaarLeaks. Most of these public disclosures reported contain personally identifiable information of beneficiaries or subjects of the non UIDAI databases containing Aadhaar numbers of individuals along with other personal identifiers. All of these public disclosures are symptomatic of a significant and potentially irreversible privacy harm, however we wanted to point out another large fallout of such events, those that create a ripe opportunity for financial fraud. For this purpose, we identified benefits disbursement schemes which would require its databases to store financial information about its subjects. During our research, we encountered numerous instances of publicly available Aadhaar Numbers along with other PII of individuals on government websites. In this paper, we highlight four government projects run by various government departments with publicly available financial data and Aadhaar numbers. Our research is focussed largely on the data published by or pertaining to where Aadhaar data is linked with banking information. We chose major government programmes using Aadhaar for payments and banking transactions. We found sensitive and personal data and information very easily accessible on these portals.</p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/information-security-practices-of-aadhaar-or-lack-thereof-a-documentation-of-public-availability-of-aadhaar-numbers-with-sensitive-personal-financial-information-1'>http://editors.cis-india.org/internet-governance/information-security-practices-of-aadhaar-or-lack-thereof-a-documentation-of-public-availability-of-aadhaar-numbers-with-sensitive-personal-financial-information-1</a>
</p>
No publisherAmber Sinha and Srinivas KodaliDigital IDPrivacyNDSAPData ProtectionAccountabilityFeaturedData GovernanceAadhaarDigitisationHomepageInternet GovernanceData Management2019-03-13T00:29:01ZBlog EntryEconomic, Social and Cultural Rights in India: Opportunities for Advocacy in Intellectual Property
http://editors.cis-india.org/openness/apc-april-23-2017-sunil-abraham-and-vidushi-marda-economic-social-and-cultural-rights-in-india
<b>Centre for Internet & Society worked on a three part case study. The first case study on digital protection of traditional knowledge was published by GIS Watch in December 2016. The other two case studies along with the synthesis overview has also been published.</b>
<p style="text-align: justify; ">The rights established in the International Covenant on Economic, Social and Cultural Rights (ICESCR) are socioeconomic rights and are easily mapped onto rights to education, work, science and culture. These rights, however, are not as easily mapped onto intellectual property rights. This three-part case study contemplates the ICESCR through aspects of intellectual property in India, namely, mobile patents, free and open source software (FOSS), and India’s Traditional Knowledge Digital Library. Through these, it demonstrates the potential of these technologies in realising ESCRs.</p>
<p style="text-align: justify; ">A distinguishing factor of the ICESCR is the emphasis on the progressive realisation of rights within the Covenant, which indicates the necessity of parties to take steps for the realisation of ESCRs to the best of their ability given the resources available, with a view to fully realising these rights in the long term. This is particularly relevant in India, where the large population and scarcity of resources require gradual realisation and sustained planning. This case study advocates for the progressive realisation of the rights outlined below, and sheds light on the current state of progress in India, as well as providing an overview of the framework within which these rights will be realised.</p>
<p style="text-align: justify; ">Although these three case studies focus on distinct areas – mobile patents, FOSS and open standards, and traditional knowledge – they can also be understood as tied together through the central theme of a mobile phone. The first case study on mobile patents deals with the hardware of the phone, the second deals with the software in discussing open software and standards, and the third case study on traditional knowledge focuses on the person holding the phone who consumes information-embedded products such as traditional foods and medicines.</p>
<hr />
<ul>
<li><a class="external-link" href="http://cis-india.org/openness/files/economic-social-and-cultural-rights-in-india">Synthesis Overview</a></li>
<li><a class="external-link" href="http://cis-india.org/openness/files/economic-social-and-cultural-rights-in-india-opportunities-for-advocacy-in-intellectual-property-rights-access-to-mobile-technology">Access to Mobile Technology</a></li>
<li><a class="external-link" href="http://cis-india.org/openness/files/economic-social-and-cultural-rights-in-india-opportunities-for-advocacy-in-intellectual-property-rights-the-traditional-knowledge-digital-library">Traditional Knowledge Digital Library</a><a class="external-link" href="http://cis-india.org/openness/files/economic-social-and-cultural-rights-in-india-foss/"><span class="external-link"></span></a></li>
<li><a class="external-link" href="http://cis-india.org/openness/files/economic-social-and-cultural-rights-in-india-foss/">FOSS and Open Standards</a></li>
</ul>
<p style="text-align: justify; "><i><br />The report on digital protection of traditional knowledge was <a class="external-link" href="https://www.giswatch.org/sites/default/files/Giswatch2016_web.pdf">published by GIS Watch</a> earlier and the rest of the reports have been published by the <a class="external-link" href="https://www.apc.org/en/pubs/economic-social-and-cultural-rights-india-opportun">Association for Progressive Communications</a></i>.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/openness/apc-april-23-2017-sunil-abraham-and-vidushi-marda-economic-social-and-cultural-rights-in-india'>http://editors.cis-india.org/openness/apc-april-23-2017-sunil-abraham-and-vidushi-marda-economic-social-and-cultural-rights-in-india</a>
</p>
No publisherSunil Abraham and Vidushi MardaOpennessFeaturedFOSSHomepage2017-04-23T05:22:01ZBlog EntryExploring Big Data for Development: An Electricity Sector Case Study from India
http://editors.cis-india.org/raw/exploring-big-data-for-development-an-electricity-sector-case-study-from-india
<b>This working paper by Ritam Sengupta, Dr. Richard Heeks, Sumandro Chattapadhyay, and Dr. Christopher Foster draws from the field study undertaken by Ritam Sengupta, and is published by the Global Development Institute, University of Manchester. The field study was commissioned by the CIS, with support from the University of Manchester and the University of Sheffield.</b>
<p> </p>
<h4>Download the working paper: <a href="http://hummedia.manchester.ac.uk/institutes/gdi/publications/workingpapers/di/di_wp66.pdf" target="_blank">PDF</a></h4>
<hr />
<h3><strong>Abstract</strong></h3>
<p>This paper presents exploratory research into “data-intensive development” that seeks to inductively identify issues and conceptual frameworks of relevance to big data in developing countries. It presents a case study of big data innovations in “Stelcorp”; a state electricity corporation in India. In an attempt to address losses in electricity distribution, Stelcorp has introduced new digital meters throughout the distribution network to capture big data, and organisation-wide information systems that store and process and disseminate big data.</p>
<p>Emergent issues are identified across three domains: implementation, value and outcome. Implementation of big data has worked relatively well but technical and human challenges remain. The advent of big data has enabled some – albeit constrained – value addition in all areas of organisational operation: customer billing, fault and loss detection, performance measurement, and planning. Yet US$ tens of millions of investment in big data has brought no aggregate improvement in distribution losses or revenue collection. This can be explained by the wider outcome, with big data faltering in the face of external politics; in this case the electoral politics of electrification. Alongside this reproduction of power, the paper also reflects on the way in which big data has enabled shifts in the locus of power: from public to private sector; from labour to management; and from lower to higher levels of management.</p>
<p>A number of conceptual frameworks emerge as having analytical power in studying big data and global development. The information value chain model helps track both implementation and value-creation of big data projects. The design-reality gap model can be used to analyse the nature and extent of barriers facing big data projects in developing countries. And models of power – resource dependency, epistemic models, and wider frameworks – are all shown as helping understand the politics of big data.</p>
<hr />
<em>Cross-posted from <a href="http://www.gdi.manchester.ac.uk/research/publications/other-working-papers/di/di-wp66/">University of Manchester</a>.</em>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/exploring-big-data-for-development-an-electricity-sector-case-study-from-india'>http://editors.cis-india.org/raw/exploring-big-data-for-development-an-electricity-sector-case-study-from-india</a>
</p>
No publishersumandroBig DataData SystemsResearchers at WorkResearchFeaturedPublicationsBig Data for Development2019-03-16T04:33:15ZBlog EntryNet Neutrality Resources
http://editors.cis-india.org/internet-governance/resources/net-neutrality-resources
<b>Submissions by the Centre for Internet and Society to TRAI and DoT, 2015-2017.</b>
<p> </p>
<ul>
<li><a href="http://editors.cis-india.org/internet-governance/resources/net-neutrality/2015-06-29_PositionPaperonNetNeutralityinIndia" class="external-link">Submission for TRAI Consultation on Regulatory Framework for Over-the-Top Services</a> (June 29, 2015)</li>
<li><a href="http://editors.cis-india.org/internet-governance/resources/net-neutrality/2016-01-07_cis_trai-submission_differential-pricing" class="external-link">Submission to TRAI Consultation on Differential Pricing</a> (January 7, 2016)</li>
<li><a href="http://editors.cis-india.org/internet-governance/resources/net-neutrality/2016-01-14_cis_trai-counter-comments_differential-pricing" class="external-link">Counter Comments to TRAI on Differential Pricing</a> (January 14, 2016)</li>
<li><a href="http://editors.cis-india.org/internet-governance/resources/net-neutrality/trai-consultation-on-differential-pricing-for-data-services-post-open-house-discussion-submission" class="external-link">TRAI Consultation on Differential Pricing for Data Services: Post-Open House Discussion Submission</a> (January 25, 2016)</li>
<li><a class="external-link" href="http://cis-india.org/internet-governance/blog/cis-submission-trai-consultation-free-data">Submission to TRAI Consultation on Free Data</a> (June 30, 2016)</li>
<li><a class="external-link" href="http://cis-india.org/telecom/blog/cis-submission-to-trai-consultation-on-proliferation-of-broadband-through-public-wifi-networks">Submission to TRAI Consultation on Proliferation of Broadband through Public WiFi Networks</a> (August 28, 2016)</li>
<li><a class="external-link" href="http://cis-india.org/telecom/blog/cis-submission-trai-note-on-interoperable-scalable-public-wifi">Submission to TRAI Consultation Note on Model for Nation-wide Interoperable and Scalable Public Wi-Fi Networks</a> (December 12, 2016)</li>
<li><a class="external-link" href="http://cis-india.org/internet-governance/files/cis-trai-submission-on-net-neutrality">Submission to TRAI Consultation on Net Neutrality</a> (April 18, 2017)</li></ul>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/resources/net-neutrality-resources'>http://editors.cis-india.org/internet-governance/resources/net-neutrality-resources</a>
</p>
No publisherpraskrishnaFeaturedHomepageNet NeutralityInternet Governance2017-04-22T09:11:21ZPage