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Comments to the Personal Data Protection Bill 2019
The Personal Data Protection Bill, 2019 was introduced in the Lok Sabha on December 11, 2019.
Why India functions the way it does
Ever wondered who gains from the way we work?
Internet shutdowns: Its legal and commercial dimensions in Kashmir
This article by Gurshabad Grover appeared on ETVBharat on February 10, 2020. The author would like to thank Kanav Khanna for his research assistance. The article was edited by Arindrajit Basu and translated into various languages by the ETVBharat team. You can also read it in Gujarati, Hindi, Kannada, Odia, and Urdu.
On 4 August 2019, the Central Government ordered the suspension of telecommunication and internet services in Jammu and Kashmir. Suddenly, roughly a crore citizens found themselves unable to exercise their basic freedoms of expression and association online. According to the Software Freedom Law Centre’s Internet Shutdown Tracker, Jammu and Kashmir endured 180 partial or complete internet shutdowns in the last seven years. These astonishing numbers indicate that communication blockades in the state are a common occurrence, but perhaps even Kashmiris did not anticipate that they are entering the longest internet shutdown ever imposed by a democratic country.
It is no secret that the internet has become an essential tool for democratic participation. The loss of the network infrastructure also causes both social and economic harm: students are denied access to critical educational resources, hospitals and emergency services face an administrative catastrophe, and local business can crumble. As recent work by the scholar Jan Rydzak demonstrates, shutting down the internet may not even be ensuring public order and peace, as the government would readily claim. Rydzak argues that access to the internet allows wide coordination that is necessary to demonstrate a peaceful protest, and that internet shutdowns may thus be fueling violent protests rather than curbing them.
When the internet shutdown, among other state action, was challenged by Kashmiri Times editor Anuradha Bhasin, the Supreme Court (SC) did have an opportunity to consider these factors when deciding on the legality of the shutdown. The concerns of civil society were made severe in this particular situation because the Government failed, in a total disregard for the rule of law, failed to publish the internet shutdown orders or present them before the court. In its final order on 10 January this year, the SC did affirm basic constitutional principles and sets progressive precedent for future cases.
First and foremost, the Court affirms that the Constitution, through Article 19, protects the “freedom of speech and expression and the freedom to practice any profession or carry on any [...] occupation over the medium of internet.” Second, the Court recognised that internet shutdowns cannot be imposed indefinitely, must be reviewed by the executive every week and that the orders are subject to judicial review. In that regard, the SC may pave for strengthened challenges to internet shutdowns in the future. However, as several scholars have noted, besides ordering the restoration of some essential services, the Court does fall short of providing relief to Kashmiri citizens in the case. Soon after the SC delivered this judgment, the government of Jammu and Kashmir issued orders to internet service providers to restore 2G internet services but only permit access to 301 websites. Besides the fact that the list arbitrarily includes and excludes services, major communication services were notably from the list. Most importantly, this piece of ‘internet regulation’ makes little sense when you consider either the internet or the regulations governing it.
In the technical sense, the regulations completely misunderstand how the modern web functions. When one connects to a website, the websites in turn often make the system download critical resources from other servers. If internet service providers permit only specific websites, the content from other unwhite listed sources still remains inaccessible. A recent experiment by Rohini Lakshané and Prateek Waghre confirms this empirically: out of the 301 websites in the list, only 126 were usable in some form. While the order seems like a necessary consequence of the SC order, there is also little legislative basis for the order. The order cites the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules issued in 2017 under the colonial-era Indian Telegraph Act. These regulations do permit the Government to shut down telecom and internet services but do not allow the government to issue orders that allow ‘whitelists’ such as this one. The Information Technology (IT) Act, namely through Section 69A, allows the Central Government and courts to order the blocking of certain websites. Even the license agreements issued by the government to internet service providers only allow the Government to order the blocking certain online resources on the grounds of national security. Therefore, the order of a ‘whitelist’ of websites has no basis in law because it turns the logic of only blocking websites on its head.
After Kashmiris found a way to circumvent the ‘whitelist’ by using virtual private networks (VPNs), reports emerged that security forces were forcing Kashmiris to uninstall these applications. All this, of course, despite the fact that there is no law preventing the use of VPNs or the circumvention of internet censorship in general.
It has now been around seven months since internet and telecom services were suspended in Kashmir. This long-standing deprivation of basic rights to Kashmiris is wrong that perhaps even the future cannot correct. After months of a complete shutdown, the Government can make better amends than restoring only limited and partial access. As we march onto the next decade, the world is watching. History will not judge kindly those who occluded civil liberties through a facile ritual incantation of ‘public order’ and ‘national security’.
Save telecom with a reprise of NTP-99
Radical steps are needed to fix the telecom crisis
Roundtable on India’s Gig-work Economy
Working in the gig-economy has been associated with economic vulnerabilities. However, there are also moral and affective vulnerabilities as workers find their worth measured everyday by their performance of—and at—work and in every interaction and movement. This roundtable discussion marks the end of our series on 'India’s Gig-work Economy' published by the Platypus blog of the Committee on the Anthropology of Science, Technology, and Computing (CASTAC). In this discussion, the researchers reflect on methods, challenges, inter-subjectivities and possible future directions for research on the topic. Listen to the audio track below or read the transcript for the full discussion.
How India Censors The Web
An empirical study of web censorship in India
Noopur Raval and Rajendra Jadhav - Power Chronography of Food-Delivery Work
Working in the gig-economy has been associated with economic vulnerabilities. However, there are also moral and affective vulnerabilities as workers find their worth measured everyday by their performance of—and at—work and in every interaction and movement. This essay by Noopur Raval and Rajendra Jadhav is the fourth among a series of writings by researchers associated with the 'Mapping Digital Labour in India' project at the CIS, supported by the Azim Premji University, that were published on the Platypus blog of the Committee on the Anthropology of Science, Technology, and Computing (CASTAC).
Comments to National Security Council on National Cybersecurity Strategy 2020
CIS submitted brief comments to the National Security Council on the National Cybersecurity Strategy within the 5000 character limit provided. CIS will continue producing outputs building on these ideas.
Call for Researchers: Welfare, Gender, and Surveillance
We are inviting applications for two researchers. Each researcher is expected to write a narrative essay that interrogates the modes of surveillance that people of LGBTHIAQ+ and gender non-conforming identities and sexual orientations are put under as they seek sexual and reproductive health (SRH) services in India. The researchers are expected to undertake field research in the location they are based in, and reflect on lived experiences gathered through field research as well as their own experiences of doing field research. Please read the sections below for more details about the work involved, the timeline for the same, and the application process for this call.
Automated Facial Recognition Systems and the Mosaic Theory of Privacy: The Way Forward
Arindrajit Basu and Siddharth Sonkar have co-written this blog as the third of their three-part blog series on AI Policy Exchange under the parent title: Is there a Reasonable Expectation of Privacy from Data Aggregation by Automated Facial Recognition Systems?
Automated Facial Recognition Systems (AFRS): Responding to Related Privacy Concerns
Arindrajit Basu and Siddharth Sonkar have co-written this blog as the second of their three-part blog series on AI Policy Exchange under the parent title: Is there a Reasonable Expectation of Privacy from Data Aggregation by Automated Facial Recognition Systems?
Decrypting Automated Facial Recognition Systems (AFRS) and Delineating Related Privacy Concerns
Arindrajit Basu and Siddharth Sonkar have co-written this blog as the first of their three-part blog series on AI Policy Exchange under the parent title: Is there a Reasonable Expectation of Privacy from Data Aggregation by Automated Facial Recognition Systems?
Pegasus snoopgate, an opportune moment to revisit legal framework governing state surveillance framework
Revelations of hacking call for a relook at India’s surveillance regime
Anushree Gupta - Ladies ‘Log’: Women’s Safety and Risk Transfer in Ridehailing
Working in the gig-economy has been associated with economic vulnerabilities. However, there are also moral and affective vulnerabilities as workers find their worth measured everyday by their performance of—and at—work and in every interaction and movement. This essay by Anushree Gupta is the third among a series of writings by researchers associated with the 'Mapping Digital Labour in India' project at the CIS, supported by the Azim Premji University, that were published on the Platypus blog of the Committee on the Anthropology of Science, Technology, and Computing (CASTAC). The essay is edited by Noopur Raval, who co-led the project concerned.
Extra-Territorial Surveillance and the Incapacitation of Human Rights
This paper was published in Volume 12 (2) of the NUJS Law Review.
Is India's Digital Health System Foolproof?
This contribution by Aayush Rathi builds on "Data Infrastructures and Inequities: Why Does Reproductive Health Surveillance in India Need Our Urgent Attention?" (by Aayush Rathi and Ambika Tandon, EPW Engage, Vol. 54, Issue No. 6, 09 Feb, 2019) and seeks to understand the role that state-run reproductive health portals such as the Mother and Child Tracking System (MCTS) and the Reproductive and Child Health will play going forward. The article critically outlines the overall digitised health information ecosystem being envisioned by the Indian state.
Wikiorientation at Dr.GR Damodaran College of Science
An orientation session on Wikimedia projects was held on 6-7 December 2019 at Dr. GR Damodaran College of Science. This talk was part of the “Hour of Code” event, which is an International event celebrated across the globe to encourage students to develop their knowledge on Computer Science. This event was supported by Open Knowledge movements like Wikimedia, Mozilla, etc.which would help students to share their knowledge in the form of volunteerships and contributions. The highlights of gender gap research and women based projects such as Women in Red were covered as part of a focussed group discussion.
Wikiorientation at Dr.GR Damodaran College of Science
An orientation session on Wikimedia projects was held on 6-7 December 2019 at Dr. GR Damodaran College of Science. This talk was part of the “Hour of Code” event, which is an International event celebrated across the globe to encourage students to develop their knowledge on Computer Science. This event was supported by Open Knowledge movements like Wikimedia, Mozilla, etc.which would help students to share their knowledge in the form of volunteerships and contributions. The highlights of gender gap research and women based projects such as Women in Red were covered as part of a focussed group discussion.
Sarah Zia - Not knowing as pedagogy: Ride-hailing drivers in Delhi
Working in the gig-economy has been associated with economic vulnerabilities. However, there are also moral and affective vulnerabilities as workers find their worth measured everyday by their performance of—and at—work and in every interaction and movement. This essay by Sarah Zia is the second among a series of writings by researchers associated with the 'Mapping Digital Labour in India' project at the CIS, supported by the Azim Premji University, that were published on the Platypus blog of the Committee on the Anthropology of Science, Technology, and Computing (CASTAC). The essay is edited by Noopur Raval, who co-led the project.
Digital Humanities and New Contexts of Digital Archival Practice in India
Puthiya Purayil Sneha attended and presented at a conference on 'The Arts, Knowledge, and Critique in the Digital Age in India: Addressing Challenges in the Digital Humanities' organised by Sahapedia and Department of Liberal Arts, Indian Institute of Technology, Hyderabad on November 28-29, 2019.
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