Centre for Internet and Society

High Level Dialogues

geetha — 2014-06-20T13:23:05Z

Prof. Vladimir Minkin delivers a statement.

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Good Intentions, Recalcitrant Text – II: What India’s ITU Proposal May Mean for Internet Governance

geetha — 2014-11-03T07:07:16Z

The UN's International Telecommunications Union (ITU) is hosting its Plenipotentiary Conference (PP-14) this year in South Korea. At PP-14, India introduced a new draft resolution on ITU's Role in Realising Secure Information Society. The Draft Resolution has grave implications for human rights and Internet governance. Geetha Hariharan explores.

Disclaimer and update (2 November 2014): India's Draft Resolution was discussed during the meeting of the Ad Hoc Working Group on Internet-related Resolutions at the ITU Plenipot on the evening of November 1, 2014 (KST). After the discussion, India revised the text of the resolution, seeking to address concerns raised by ITU member states. The revised resolution may be found here. However, this blog post was written with reference to the original text of India's Draft Resolution.

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As I mentioned in my last post, India’s Draft Resolution on ‘ITU’s Role in Realising Secure Information Society’ raises security and equity concerns. The Draft Resolution has 3 security concerns: (i) security weaknesses in the network architecture that permit “camouflaging the identity of the originator of the communication” and make “tracing of communication difficult”; (ii) non-systematic, non-contiguous allocation of naming, numbering and addressing resources on the Internet, which makes it difficult to identify both the users and what states the IP addresses are located in; (iii) non-local routing and address resolution relating to traffic originating and terminating in the same country. Op. §§1, 3-7 seek to address these. It also identifies the present system of allocation of naming, numbering and addressing resources as inequitable, unfair, unjust and undemocratic (Op. §2 of the Draft Resolution offers a solution). I discussed some human rights implications of India’s Draft Resolution in my last post.

In this post, I explore the implications of the Draft Resolution for Internet governance and multi-stakeholder approaches (most notably, an equal footing model).[1] Given the uncertainties around defining multi-stakeholderism for Internet governance, this is rather ambitious. So I will try to point to concerns with certain textual interpretations of the Draft Resolution, map that against the positions India’s representatives have taken on Internet governance in the past, and the motivations/concerns that underlie the tabling of the Draft Resolution. This Resolution may not be the best way to allay India's concerns, for there are technical and rights implications. But the concerns it raises are worth discussion and knowledge, and at forums where concerns are heard, acknowledged and discussed collectively. The text of the Draft Resolution and its attendant implications are not, then, the sole subjects of this post.

The Draft Resolution and Internet governance:

The text of the Draft Resolution is problematic. Many of its clauses may be seen as taking positions against multi-stakeholder approaches to Internet governance. Introducing such a resolution at the ITU may itself bring back memories of the controversies surrounding Resolution 3 of the World Conference on International Telecommunications (WCIT), 2012.[2] In 3 ways, the text of the Draft Resolution has indications for multi-stakeholder approaches.

First, the Draft Resolution frames issues primarily from the perspective security. In its preamble, the Draft Resolution makes several references to security threats posed by and on the Internet. For instance, it points to the ability of the network to “camouflage the identity of the originator of the communication” (Pream. §(e) [recognizing]), as well as national security concerns in the present-day system of routing Internet traffic through multiple countries (Pream. §§(f) and (g), [recognizing]). The apparent difficulty in tracing IP addresses, due to their random allocation, is another concern (Pream. §(h), [recognizing]). Among the “significant public policy issues” identified in telecom/ICT management, “security and safety of the Telecom/ICTs” is specifically noted (Pream. §(i) [considering]). In the Context note to the Draft Resolution and in several places in the Preamble, there are references to ITU Resolution 130 (‘Strengthening the role of ITU in building confidence and security in the use of information and communication technologies’) and ITU’s Cyber-security Agenda. Given the (legitimate or otherwise) disproportionate involvement of governments and not other stakeholders in matters of cyber-security, the framing of issues from a security perspective may lend itself to worries for multi-stakeholderism. Specifically, the Draft Resolution notes: “ensuring security of ICT networks is sovereign right of Member States” (Pream. §(b) [recognizing]).

Second, the Draft Resolution emphasizes the sovereign right of states to regulate and control telecom/ICT. It says, for instance, “it is the sovereign right of each state to regulate its telecommunication” (Pream. §(b) [considering]). With regard to the Internet, the Context note to the Draft Resolution (page 1) considers the Internet to be synonymous with telecom/ICTs: “the Telecom/ICTs, which in common lexicon is used interchangeably many times as Internet…”. Public telecom networks managed by telecom service providers, interconnected with other networks, are necessary for “proper functioning of a telecom network resources namely, among others, naming, numbering and addressing” (Pream. §(k) [considering]). It is worth noting that the sovereign authority of states over Internet public policy issues is settled text from §35 of the Tunis Agenda, though expressing it as synonymous with telecom may lead to possibilities of licensing and registration, which Bulgaria, for instance, does not do.

Third, the Draft Resolution identifies issues of equity and fairness in the allocation of Internet resources such as naming, numbering and addressing (Pream. §(g) [consdering], Op. §2). It states that to correct this inequity, “facilitation and collaboration among international, inter-governmental organizations and individual member states to ensure planning, implementation, monitoring and cooperation in its policies” is required (Pream. §(g) [considering]). In operative paragaphs, our Draft Resolution calls for collaboration with “all the concerned stakeholders including International and intergovernmental organizations to develop policies for allocation, assignment and management of IP resources including naming, numbering and addressing which is systematic, equitable, fair, just, democratic and transparent” (Op. §2). One may pay attention to the oversight over implementation and the necessity of inter-governmental involvement in planning and monitoring as problematic to iterations of multi-stakeholderism.

These concerns are valid and legitimate, and it is desirable that the text of the resolution be altered to address them. The text should also be altered to address the human rights concerns I point out in my previous post. But human rights enforcement or implementation is within the domain of states, though civil society may be a careful watchdog. The Draft Resolution's text, most certainly, will face certain oppositions: for instance, that it is outside the scope and mandate of the ITU. That the ITU does not deal with content regulation – and this issue touches upon content – will be mentioned. That Internet governance is already being discussed and performed in multiple other multi-stakeholder fora, such as ICANN, the NRO and RIRs, IGF and WSIS, will be emphasized. That the Draft Resolution implicates national security concerns will be mentioned as well. But as an aside, on national security: under international law, states always mention their prerogative over national security, and so as a matter of international custom, national security is outside the scope of agreements unless expressly surrendered.

At the same time, debates around the role of ITU in Internet governance are not new, and those familiar will remember the ITU’s views right before the creation of ICANN (also see Mueller, Ruling the Root 145-48 (2002)), Resolution 3 of the WCIT, and the constant tug-of-war since then. The new Secretary-General of the ITU, Mr. Houlin Zhao, wrote a note in October 2004, before the Tunis phase of the WSIS, justifying ITU’s involvement in Internet governance, advocating that IPv6 address blocks be allocated to countries. Mr. Zhao describes, with specific examples, ITU's role in the development and widespread growth of the Internet. He takes the examples of standards developed within the ITU and ITU's policy role in liberalisation and spread of telecommunications (such as Articles 4 & 9 of the 1988 ITRs).

Mr. Zhao’s concrete proposals are rendered inapplicable by the creation of the NRO and RIRs, and the growth and entrenchment of ICANN. But it may be argued that his principled justifications for ITU involvement remain. It is these that India hopes to highlight, I was told, along with the inequities in resource allocation (IPv4 was spoken of), and the disproportionate weight some states enjoy in Internet governance. Her concerns are, I am told, also shared by some other states. Given that the text exhibits a less-than-friendly approach to multi-stakeholderism, India's previous positions on the issue are of interest. While this would not correct the snags in the Draft Resolution's text, allaying these concerns may be ideal to craft an inclusive and transparent multi-stakeholder model for Internet governance.

India and Multi-stakeholderism in Internet Governance:

India’s position on multi-stakeholder models for Internet governance is a matter of some obscurity. Statements at various forums exhibit a certain disagreement – or at the least, lack of engagement – among India’s ministries on our position on multi-stakeholder approaches, particularly the Ministry of External Affairs (MEA), the Department of Telecommunications (DOT) and the Department of Electronics and Information Technology (DeitY), both within the Ministry of Communications and Information Technology (MCIT). While both the MEA and DOT have been cautious supporters of a diluted form of multi-stakeholderism (they have repeatedly emphasized §35 of the Tunis Agenda), DeitY has been more open in entertaining multi-stakeholder approaches for Internet governance.

At the 66^th session of UN General Assembly, Mr. Dushyant Singh, Member of India’s Parliament from the Bharatiya Janata Party, presented our proposal for a Committee on Internet-related Policies. The proposal sought the establishment of a UN committee comprising 50 member-states, with advisory groups including the private sector and civil society, to deal with Internet-related matters.[3] Though India was not opposed to multi-stakeholder advisories in its CIRP proposal, it was less than inviting in this regard.

At NETmundial (April 2014), the Indian government’s contribution document highlighted §35 of the Tunis Agenda, which delineates ‘roles and responsibilities’ of ‘respective stakeholders’ – i.e., governments (with whom reside “sovereign policy authority”), the private sector (technical and economic development of the Internet) and civil society (grassroots participation). At NETmundial, Mr. Vinay Kwatra of the MEA echoed this, also noting the lack of consensus on what multi-stakeholderism means for Internet governance (page 64).

Admittedly, this is a legitimate concern. Internet governance at various fora does not seem to have a clear answer on what multi-stakeholderism means. The debate was/is alive, for instance, at NETmundial 2014, the ICANN-convened IANA transition process, the World Economic Forum’s new NETmundial Initiative, and in the many calls and suggestions (pages 38-46) made over the years on strengthening the IGF (see also, Malcolm, Multi-stakeholder Governance and the IGF (2008), chapter 6). It is hardly surprising then, that India and other states raise this as a concern.

With regard to multi-stakeholderism, the DeitY in India has been the outlier. Speaking at the 2014 IGF in Istanbul, Mr. R.S. Sharma, Secretary (DeitY), expressed “no doubt that Internet Governance mechanism require the involvement of all the stakeholders, since the evolution of Internet has been a product of many different diverse groups working together in a loosely coordinated manner”, advocating strengthening of the IGF and pointing to India’s proposed India-IGF as an example of multi-stakeholderism at home. Most interestingly, Mr. Sharma did not focus on international Internet-related policies being the “sovereign policy authority of states”. Also in the transcripts of the four meetings of the Working Group on Enhanced Cooperation under the Committee for Science, Technology and Development (CSTD), I have been unable to find outright rejections of multi-stakeholder approaches, though India has not advocated multi-stakeholderism unequivocally either.

But this – the emphasis on “sovereign policy authority of states” in Internet governance – has been a consistent position for India, especially the MEA and DOT. Here at the ITU PP-14 as well, members of the Indian delegation also emphasized states’ sovereign monopoly over policy matters. “Why not take this to the ITU”, I was asked, as “many governments are uncomfortable” with the way Internet governance is being conducted at other fora. There are grave concerns, I was told, about the possibility of excessive control some governments have over both user and government data of other states (government-speak, of course, for the Snowden revelations).

These are, of course, concerns similar to those of authoritarian governments, or those reluctant to open up to multi-stakeholderism and looking for excuses to retain/increase government control. But it is equally possible that these concerns need not be limited only to such states. Perhaps for developing countries as well, these are real concerns. In conversation with members of the Indian delegation at the ITU Plenipot, I was able to discern 3 broad concerns. First, the definition of multi-stakeholderism in Internet governance. India has not shown herself comfortable with an all-out endorsement of multi-stakeholderism. This is troubling. Civil society and the private sector in India will attest to the difficulties in engaging with our government at all levels. For instance, seeking a place on India's delegation for the Plenipot proved a disheartening exercise for some members of India's civil society.

But there are also conflicting indications. India is in the process of instituting an India-IGF, and CIS' Executive Director, Sunil Abraham, is on the MAG. India expressed agreement, at least in informal conversation, to opening up ITU documents to the public on grounds of public interest. The Law Commission of India recently conducted a multi-stakeholder consultation on media laws in India, and Telecom Regulatory Authority of India (TRAI) regularly conducts consultations, though the private sector is more active there. What is lacking in India, however, is a set of clear procedures and processes for multi-stakeholder engagement, particularly on Internet issues. Clear, public, accessible, foreseeable and predictable set of rules or processes on participation from civil society, private sector and academia would make a world of difference to multi-stakeholderism within India. But this lack should not blind states or other stakeholders to the genuineness of privacy/security or equity concerns - for instance, of the protection of our information from mass surveillance or the feasibility and actual participation of developing countries at many Internet governance fora.

Second, members of the delegation expressed concern over inequalities in the allocation of naming, numbering and addressing resources. While I am uncertain how IPv6 allocation falls within this concern, the inequalities of IPv4 allocations are well documented. To gather a sense of this, it would be useful to read chapter 5 of Professor DeNardis’ Protocol Politics, and to glance at Figure 5.7 (page 173). Africa controls, for instance, a mere 1% of all available IPv4 addresses, while North America and Europe control about 63%. A study on engagement from the Asia-Pacific in Internet standards organisations shows, for instance, greater participation from Western countries and from some states like Japan.[4] India and other states from Asia and Africa have lesser participation. Even at ICANN, with efforts to increase participation, meaningful engagement is still from a majority of Western countries. Perhaps states and other stakeholders on the other side of the table can address these concerns through clear, inclusive, non-discriminatory commitments and implementation.

Third, India emphasized how the Draft Resolution does not propose that ITU be involved in content management or resources control, but only seeks to systematize allocation by asking the ITU Secretary General to collaborate and coordinate with other Internet governance organisations to create a set of principles for fair, equitable, transparent and democratic - as well as secure - allocation of resources. ITU Resolution 101 already instructs the Secretary General to collaborate with relevant Internet governance organisations, and the Draft Resolution merely seeks to spell out his tasks. However, as I pointed out in my previous post, the text of the Draft Resolution is at odds with this intention of India's. By dint of its drafting, it gravely implicates human rights, as well as touching upon resource allocation oversight ("needs to be adhere to" in Op. §2). To reflect the above stated intention, the Draft Resolution would need to be redrafted.

Finally, the text of the Draft Resolution exhibits, unfortunately, a certain disregard for existing network architecture and efficiency within the Internet, and to the principles of a free, open and inter-operable and unified Internet, when it seeks to develop a network architecture that facilitates (domestic) localization of traffic-routing, address resolution and allocation of naming, numbering and addressing. An argument may, of course, be made in favour of efficiency and costs, including reduced latency. But it is clear that this has the potential to increase domestic surveillance capabilities and government censorship of content. In any case, traffic localization (if not local address resolution) can be achieved without ITU coordination: through Internet Exchange Points, and through more efficient and better-negotiated peering and transit arrangements (pages 14-17). Internationally coordinated rules for localized traffic routing is not necessary; you just need to have a more efficient Internet Exchange Point. How to get more ISPs to interconnect through India’s National Internet Exchange (NIXI) is one of the very questions that India’s Telecom Regulatory Authority has taken up in its recent consultation on expanding broadband access (page 49). So it is possible that India's concerns could be addressed without ITU involvement, though I am unsure of its impact on the global Internet.

The Draft Resolution will be discussed at the ITU Plenipot today. The discussion will allow India and sympathetic countries to raise several of their concerns relating to the present system of Internet governance, and the direction of its progress. I will report on these discussions upon their completion.

A Note on Limitations:

The aim of this post is to clarify. I would caution against its being the last word on anything, much less India’s positions on Internet governance. An issue as important as this needs far greater access to and confirmation from India’s government – and a more in-depth understanding of the politics – than I do, at the moment.

At the same time, India has not been a model for civil society engagement, as illustratively, the Narmada Bachao Andolan and/or P. Sainath’s evaluation of government policies in Everybody Loves a Good Drought reveal. It has been harder to effectively engage with India’s government than in many states in North America, Latin America and Europe. But I believe the complex dynamics of that is not unique to India. The NSA and GCHQ revelations (as an example of governmental trust deficit of unmatched proportions) have shown that where governments want to keep everyone out and oblivious, they do it well.

I am not in favour of a purely multilateral approach to Internet governance. But at the same time, I share concerns over definition and the evolution of processes as well, as I am sure others in civil society also do. Particularly on the issue of Internet governance and multi-stakeholderism, evidence reveals inconsistency among India’s various ministries. Until this is addressed by our government (hopefully in consultation with all concerned stakeholders), an open mind would probably be the best thing we - including states - could keep.

Acknowledgements: I would like to thank Sunil Abraham, Pranesh Prakash, Rishabh Dara, Arun Sukumar, Anja Kovacs and Parminder Jeet Singh for the freedom to bounce ideas, feedback and the many discussions about multi-stakeholder approaches and Internet governance. I also wish to acknowledge Samir Saran’s article in CFR, which offers an interesting perspective on India’s Draft Resolution.

[1] For this post, I will use ‘multi-stakeholder approaches’ as an umbrella term, but would urge readers to keep in mind the many uncertainties and disagreements about defining multi-stakeholderism for Internet governance. These disagreements exist among and within all stakeholders, including government and civil society. In addition to various iterations of the ‘equal footing model’, the model proposed in §35 of the Tunis Agenda is also multi-stakeholder, albeit in a different – and for many in civil society, less desirable – sense.

[2] For those unacquainted with WCIT, see Mueller, ITU Phobia: Why WCIT was derailed, Internet Governance Blog (18 December 2012), http://www.internetgovernance.org/2012/12/18/itu-phobia-why-wcit-was-derailed/; Kleinwächter, WCIT and Internet governance: Harmless resolution or Trojan horse?, CircleID Blog (17 December 2012), http://www.circleid.com/posts/20121217_wcit_and_internet_governance_harmless_resolution_or_trojan_horse/.

[3] For a commentary, see Mueller, A United Nations Committee for Internet-related Policies? A Fair Assessment, Internet Governance Blog (29 October 2011), http://www.internetgovernance.org/2011/10/29/a-united-nations-committee-for-internet-related-policies-a-fair-assessment/.

[4] Contreras, Divergent Patterns of Engagement in Internet Standardization: Japan, Korea and China. I am unable to find this paper online. Please email me for information.

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Good Intentions, Recalcitrant Text - I: Why India’s Proposal at the ITU is Troubling for Internet Freedoms

geetha — 2014-11-02T15:13:45Z

At the 2014 Plenipotentiary Conference (‘PP-14’ or ‘Plenipot’) of the International Telecommunications Union (ITU), India has tabled a draft proposal on “ITU’s Role in Realising Secure Information Society” [Document 98, dated 20 October 2014] (“Draft Resolution”). India’s proposal has incited a great deal of concern and discussion among Plenipot attendees, governments and civil society alike. Before offering my concerns and comments on the Draft Resolution, let us understand the proposal.

Our Draft Resolution identifies 3 security concerns with exchange of information and resource allocation on the Internet:

First, it is troubling for India that present network architecture has “security weaknesses” such as “camouflaging the identity of the originator of the communication”;[1] random IP address distribution also makes “tracing of communication difficult”;[2]
Second, India is concerned that under the present allocation system of naming, numbering and addressing resources on the Internet, it is impossible or at the very least, cumbersome to identify the countries to which IP address are allocated;[3]
Third, India finds it insecure from the point of view of national security that traffic originating and terminating in the same country (domestic traffic) often routes through networks overseas;[4] similarly, local address resolution also routes through IP addresses outside the country or region, which India finds troubling.[5]

In an effort to address these concerns, the Draft Resolution seeks to instruct the ITU Secretary General:

First, to develop and recommend a ‘traffic routing plan’ that can “effectively ensure the traceability of communication”;[6]
Second, to collaborate with relevant international and intergovernmental organisations to develop an “IP address plan” which facilitates identification of locations/countries to which IP addresses are allocated and coordinates allocation accordingly;[7]
Third, to develop and recommend “a public telecom network architecture” that localizes both routing[8] as well as address resolution[9] for local/domestic traffic to “within the country”.

Admittedly, our Draft Resolution is intended to pave a way for “systematic, fair and equitable allocation” of, inter alia, naming, numbering and addressing resources,[10] keeping in mind security and human rights concerns.[11] In an informal conversation, members of the Indian delegation echoed these sentiments. Our resolution does not, I was told, raise issues about the “concentration of control over Internet resources”, though “certain governments” have historically exercised more control. It also does not, he clarified, wish to make privacy or human rights a matter for discussion at the ITU. All that the Draft Resolution seeks to do is to equip the ITU with the mandate to prepare and recommend a “roadmap for the systematization” of allocation of naming, numbering and addressing resources, and for local routing of domestic traffic and address resolution. The framework for such mandate is that of security, given the ITU’s role in ‘building confidence and security in the use of ICTs’ under Action Line C5 of the Geneva Plan of Action, 2003.

Unfortunately, the text of our Draft Resolution, by dint of imprecision or lack of clarity, undermines India’s intentions. On three issues of utmost importance to the Internet, the Draft Resolution has unintended or unanticipated impacts. First, its text on tracing communication and identity of originators, and systematic allocation of identifiable IP address blocks to particular countries, has impacts on privacy and freedom of expression. Given Edward Snowden’s NSA files and the absence of adequate protections against government incursions or excesses into privacy,[12] either in international human rights law or domestic law, such text is troublesome. Second, it has the potential to undermine multi-stakeholder approaches to Internet governance by proposing text that refers almost exclusively to sovereign monopolies over Internet resource allocation, and finally, displays a certain disregard for network architecture and efficiency, and to principles of a free, open and unified Internet, when it seeks to develop global architecture that facilitates (domestic) localization of traffic-routing, address resolution and allocation of naming, numbering and addressing.

In this post, I will address the first concern of human rights implications of our Draft Resolution.

Unintended Implications for Privacy and Freedom of Expression:

India’s Draft Resolution has implications for individual privacy. At two different parts of the preamble, India expresses concerns with the impossibility of locating the user at the end of an IP address:

Pream. §(e): “recognizing… that the modern day packet networks, which at present have many security weaknesses, inter alia, camouflaging the identity of originator of the communication”;
Pream. §(h): “recognizing… that IP addresses are distributed randomly, that makes the tracing of communication difficult”.

The concerns here surround difficulties in tracking IP addresses due to the widespread use of NATs, as also the existence of IP anonymisers like Tor. Anonymisers like Tor permit individuals to cover their online tracks; they conceal user location and Internet activity from persons or governments conducting network surveillance or traffic analysis. For this reason, Tor has caused much discomfort to governments. Snowden used Tor while communicating with Laura Poitras. Bradley (now Chelsea) Manning of Wikileaks fame is reported to have used Tor (page 24). Crypto is increasingly the safest – perhaps the only safe – avenue for political dissidents across the world; even Internet companies were coerced into governmental compliance. No wonder, then, that governments are doing all they can to dismantle IP anonymisers: the NSA and GCHQ have tried to break Tor; the Russian government has offered a reward to anyone who can.

Far be it from me to defend Tor blindly. There are reports suggesting that Tor is being used by offenders, and not merely those of the Snowden variety. But governments must recognize the very obvious trust deficit they face, especially after Snowden’s revelations, and consider the implications of seeking traceability and identity/geolocation for every IP address, in a systematic manner. The implications are for privacy, a right guaranteed by Article 17 of the International Covenant on Civil and Political Rights (ICCPR). Privacy has been recognized by the UN General Assembly as applicable in cases of surveillance, interception and data collection, in Pream. §4 of its resolution The Right to Privacy in the Digital Age. But many states do not have robust privacy protections for individuals and data. And while governments may state the necessity to create international policy to further effective criminal investigations, such an aim cannot be used to nullify or destroy the rights of privacy and free speech guaranteed to individuals. Article 5(1), ICCPR, codifies this principle, when it states that States, groups or persons may not “engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein…”.

Erosion of privacy has a chilling effect on free speech [New York Times v. Sullivan, 376 U.S. 254], so free speech suffers too. Particularly with regard to Tor and identification of IP address location and users, anonymity in Internet communications is at issue. At the moment, most states already have anonymity-restrictions, in the form of identification and registration for cybercafés, SIM cards and broadband connections. For instance, Rule 4 of India’s Information Technology (Guidelines for Cyber Cafe) Rules, 2011, mandates that we cannot not use computers in a cybercafé without establishing our identities. But our ITU Draft Resolution seeks to dismantle the ability of Internet users to operate anonymously, be they political dissidents, criminals or those merely acting on their expectations of privacy. Such dismantling would be both violative of international human rights law, as well as dangerous for freedom of expression and privacy in principle. Anonymity is integral to democratic discourse, held the US Supreme Court in McIntyre v. Ohio Elections Commission [514 U.S. 334 (1995)].[13] Restrictions on Internet anonymity facilitate communications surveillance and have a chilling effect on the free expression of opinions and ideas, wrote Mr. Frank La Rue, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (¶¶ 48-49).

So a law or international policy for blanket identification and traceability of IP addresses has grave consequences for and prima facie violates privacy, anonymity and freedom of speech. But these rights are not absolute, and can be validly restricted. And because these human rights are implicated, the ITU with its lack of expertise in the area may not be the adequate forum for discussion or study.

To be valid and justified interference, any law, policy or order interfering with privacy and free speech must meet the standards of reasonableness and proportionality, even if national security were the government’s legitimate aim, laid down in Articles 19(3) and 17 of the Covenant on Civil and Political Rights (CCPR) [Toonen v. Australia, Communication No. 488/1992, U.N. Doc CCPR/C/50/D/488/1992 (1994), ¶6.4]. And as the European Court of Human Rights found in Weber & Saravia v. Germany [Application no. 54934/00, 29 June 2006 (ECHR), ¶95], law or executive procedure that enables surveillance without sufficient safeguards is prima facie unreasonable and disproportionate. Re: anonymity, in Delfi AS v. Estonia [Application no. 64569/09, 17 February 2014, ¶83], while considering the liability of an Internet portal for offensive anonymous comments, the ECHR has emphasized the importance of balancing freedom of expression and privacy. It relied on certain principles such as “contribution to a debate of general interest, subject of the report, the content, form and consequences of the publication” to test the validity of government’s restrictions.

The implications of the suggested text of India’s Draft Resolution should then be carefully thought out. And this is a good thing. For one must wonder why governments need perfect traceability, geolocation and user identification for all IP addresses. Is such a demand really different from mass or blanket surveillance, in scale and government tracking ability? Would this not tilt the balance of power strongly in favour of governments against individuals (citizens or non-citizens)? This fear must especially arise in the absence of domestic legal protections, both in human rights, and criminal law and procedure. For instance, India’s Information Technology Act, 2000 (amended in 2008) has Section 66A, which criminalizes offensive speech, as well as speech that causes annoyance or inconvenience. Arguably, arrests under Section 66A have been arbitrary, and traceability may give rise to a host of new worries.

In any event, IP addresses and users can be discerned under existing domestic law frameworks. Regional Internet Registries (RIR) such as APNIC allocate blocks of IP addresses to either National Internet Registries (NIR – such as IRINN for India) or to ISPs directly. The ISPs then allocate IP addresses dynamically to users like you and me. Identifying information for these ISPs is maintained in the form of WHOIS records and registries with RIRs or NIRs, and this information is public. ISPs of most countries require identifying information from users before Internet connection is given, i.e., IP addresses allocated (mostly by dynamic allocation, for that is more efficient). ISPs of some states are also regulated; in India, for instance, ISPs require a licence to operate and offer services.

If any government wished, on the basis of some reasonable cause, to identify a particular IP address or its user, then the government could first utilize WHOIS to obtain information about the ISP. Then ISPs may be ordered to release specific IP address locations and user information under executive or judicial order. There are also technical solutions, such as traceroute or IP look-up that assist in tracing or identifying IP addresses. Coders, governments and law enforcement must surely be aware of better technology than I.

If we take into account this possibility of geolocation of IP addresses, then the Draft Resolution’s motivation to ‘systematize’ IP address allocations on the basis of states is unclear. I will discuss the implication of this proposal, and that of traffic and address localization, in my next post.

[1] Pream. §(e), Draft Resolution: “recognizing… that the modern day packet networks, which at present have many security weaknesses, inter alia, camouflaging the identity of originator of the communication”.

[2] Pream. §(h), Draft Resolution: “recognizing… that IP addresses are distributed randomly, that makes the tracing of communication difficult”.

[3] Op. §1, Draft Resolution: “instructs the Secretary General… to collaborate with all stakeholders including International and intergovernmental organizations, involved in IP addresses management to develop an IP address plan from which IP addresses of different countries are easily discernible and coordinate to ensure distribution of IP addresses accordingly”.

[4] Pream. §(g), Draft Resolution: “recognizing… that communication traffic originating and terminating in a country also many times flows outside the boundary of a country making such communication costly and to some extent insecure from national security point of view”.

[5] Pream. §(f), Draft Resolution: “recognizing… that even for local address resolution at times, system has to use resources outside the country which makes such address resolution costly and to some extent insecure from national security perspective”.

[6] Op. §6, Draft Resolution: “instructs the Secretary General… to develop and recommend a routing plan of traffic for optimizing the network resources that could effectively ensure the traceability of communication”.

[7] Op. §1, Draft Resolution; see note 3.

[8] Op. §5, Draft Resolution: “instructs the Secretary General… to develop and recommend public telecom network architecture which ensures that effectively the traffic meant for the country, traffic originating and terminating in the country remains within the country”.

[9] Op. §4, Draft Resolution: “instructs the Secretary General… to develop and recommend public telecom network architecture which ensures effectively that address resolution for the traffic meant for the country, traffic originating and terminating in the country/region takes place within the country”.

[10] Context Note to Draft Resolution, ¶3: “Planning and distribution of numbering and naming resources in a systematic, equitable, fair and just manner amongst the Member States…”

[11] Context Note to Draft Resolution, ¶2: “…there are certain areas that require critical attention to move in the direction of building the necessary “Trust Framework” for the safe “Information Society”, where privacy, safety are ensured”.

[12] See, for instance, Report of the Office of the High Commission for Human Rights (“OHCHR”), Right to Privacy in the Digital Age, A/HRC/27/37 (30 June 2014), ¶34-35, http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session27/Documents/A.HRC.27.37_en.pdf. See esp. note 30 of the Report, ¶35.

[13] Many thorny political differences exist between the US and many states (including India and Kenya, who I am told has expressed preliminary support for the Draft Resolution) with regard to Internet governance. Irrespective of this, the US Constitution’s First Amendment and judicial protections to freedom of expression remain a yardstick for many states, including India. India, for instance, has positively referred to the US Supreme Court’s free speech protections in many of its decisions; ex. see Kharak Singh v. State of Uttar Pradesh, 1963 Cri. L.J. 329; R. Rajagopal v. State of Tamil Nadu, AIR 1995 SC 264.

For more details visit http://editors.cis-india.org/internet-governance/blog/good-intentions-going-awry-i-why-india2019s-proposal-at-the-itu-is-troubling-for-internet-freedoms

FY14 Customer Payments summary

geetha — 2014-12-08T05:48:18Z

ICANN's FY14 domain name revenue summary

For more details visit http://editors.cis-india.org/internet-governance/blog/fy14-customer-payments-summary

FY14 Customer Payments final version

geetha — 2014-12-08T05:46:58Z

ICANN's detailed list of revenues from domain names

For more details visit http://editors.cis-india.org/internet-governance/blog/fy14-customer-payments-final-version

Forum Track

geetha — 2014-06-20T13:19:41Z

UNESCO Session on Comprehensive Study on Internet-related Issues (June 11, 2014)

For more details visit http://editors.cis-india.org/internet-governance/blog/copy_of_ForumTrack.jpg

Forum Track

geetha — 2014-06-20T13:18:53Z

UNESCO Session on Comprehensive Study on Internet-related Issues (June 11, 2014)

For more details visit http://editors.cis-india.org/internet-governance/blog/ForumTrack.jpg

FOEX Live: May 28-29, 2014

geetha — 2014-05-29T08:58:47Z

A selection of news from across India with a bearing on online freedom of expression and use of digital technology

Media focus on the new government and its ministries and portfolios has been extensive, and to my knowledge, few newspapers or online sources have reported violations of freedom of speech. However, on his first day in office, the new I&B Minister, Prakash Javadekar, acknowledged the importance of press freedom, avowing that it was the “essence of democracy”. He has assured that the new government will not interfere with press freedom.

Assam:

A FICCI discussion in Guwahati, attended among others by Microsoft and Pricewaterhouse Coopers, focused on the role of information technology in governance.

Goa:

Following the furore over allegedly inflammatory, ‘hate-mongering’ Facebook posts by shipping engineer Devu Chodankar, a group of Goan netizens formed a ‘watchdog forum’ to police “inappropriate and communally inflammatory content” on social media. Diana Pinto feels, however, that some ‘compassion and humanism’ ought to have prompted only a stern warning in Devu Chodankar’s case, and not a FIR.

Karnataka:

Syed Waqar was released by Belgaum police after questioning revealed he was a recipient of the anti-Modi MMS. The police are still tracing the original sender.

Madhya Pradesh:

The cases of Shaheen Dhada and Rinu Srinivasan, and recently of Syed Waqar and Devu Chodankar have left Indore netizens overly cautious about “posting anything recklessly on social media”. Some feel it is a blow to democracy.

Maharashtra:

In Navi Mumbai, the Karjat police seized several computers, hard disks and blank CDs from the premises of the Chandraprabha Charitable Trust in connection with an investigation into sexual abuse of children at the Trust’s school-shelter. The police seek to verify whether the accused recorded any obscene videos of child sexual abuse.

In Mumbai, even as filmmakers, filmgoers, artistes and LGBT people celebrated the Kashish Mumbai International Queer Film Festival, all remained apprehensive of the new government’s social conservatism, and were aware that the films portrayed acts now illegal in India.

Manipur:

At the inauguration of the 42nd All Manipur Shumang Leela Festival, V.K. Duggal, State Governor and Chairman of the Manipur State Kala Akademi, warned that the art form was under threat in the digital age, as Manipuri films are replacing it in popularity.

Rajasthan:

Following the lead of the Lok Sabha, the Rajasthan state assembly has adopted a digital conference and voting system to make the proceedings in the House more efficient and transparent.

Seemandhra:

Seemandhra Chief Minister designate N. Chandrababu Naidu promised a repeat of his hi-tech city miracle ‘Cyberabad’ in Seemandhra.

West Bengal:

West Bengal government has hired PSU Urban Mass Transit Company Limited to study, install and operationalize Intelligent Transport System in public transport in Kolkata. GPS will guide passengers about real-time bus routes and availability. While private telecom operators have offered free services to the transport department, there are no reports of an end-date or estimated expenditure on the project.

News and Opinion:

Over a week ago, Avantika Banerjee wrote a speculative post on the new government’s stance towards Internet policy. At Fair Observer, Gurpreet Mahajan laments that community politics in India has made a lark of banning books.

India’s Computer Emergency Response Team (CERT-In) has detected high-level virus activity in Microsoft’s Internet Explorer 8, and recommends upgrading to Explorer 11.

Of the projected 400 million users that Twitter will have by 2018, India and Indonesia are expected to outdo the United Kingdom in user base. India saw nearly 60% growth in user base this year, and Twitter played a major role in Elections 2014. India will have over 18.1 million users by 2018.

Elsewhere in the world:

Placing a bet on the ‘Internet of Everything’, Cisco CEO John Chambers predicted a “brutal consolidation” of the IT industry in the next five years. A new MarketsandMarkets report suggests that the value of the ‘Internet of Things’ may reach US $1423.09 billion by 2020 at an estimated CAGR of 4.08% from 2014 to 2020.

China’s Xinhua News Agency announced its month-long campaign to fight “infiltration from hostile forces at home and abroad” through instant messaging. Message providers WeChat, Momo, Mi Talk and Yixin have expressed their willingness to cooperate in targeting those engaging in fraud, or in spreading ‘rumours’, violence, terrorism or pornography. In March this year, WeChat deleted at least 40 accounts with political, economic and legal content.

Thailand’s military junta interrupted national television broadcast to deny any role in an alleged Facebook-block. The site went down briefly and caused alarm among netizens.

Snowden continues to assure that he is not a Russian spy, and has no relationship with the Russian government.

For more details visit http://editors.cis-india.org/internet-governance/blog/foex-live-may-28-29-2014

FOEX Live: May 26-27, 2014

geetha — 2014-05-27T12:42:51Z

A selection of news from across India implicating online freedom of expression and use of digital technology

Media reports across India are focusing on the new government and its Cabinet portfolios. In the midst of the celebration of and grief over the regime change, we found many reports indicating that civil society is wary of the new government’s stance towards Internet freedoms.

Andhra Pradesh:

Andhra MLA and All India Majlis-e-Ittihad ul-Muslimin member Akbaruddin Owaisi has been summoned to appear before a Kurla magistrate’s court on grounds of alleged hate speech and intention to harm harmony of Hinduism and Islam. Complainant Gulam Hussain Khan saw an online video of a December 2012 speech by Owaisi and filed a private complaint with the court. “I am prima facie satisfied that it disclosed an offence punishable under Section(s) 153A and 295A of the Indian Penal Code,” the Metropolitan Magistrate said.

Goa:

A Goa Sessions Judge has dismissed shipbuilding diploma engineer Devu Chodankar’s application for anticipatory bail. On the basis of an April 26 complaint by CII state president Atul Pai Kane, Goa cybercrime cell registered a case against Chodankar for allegedly posting matter on a Facebook group with the intention of promoting enmity between religious groups in view of the 2014 general elections. The Judge noted, inter alia, that Sections 153A and 295A of the Indian Penal Code were attracted, and that it is necessary to find out whether, on the Internet, “there is any other material which could be considered as offensive or could create hatred among different classes of citizens of India”.

Karnataka:

Syed Waqas, an MBA student from Bhatkal pursuing an internship in Bangalore, was picked up for questioning along with four of his friends after Belgaum social activist Jayant Tinaikar filed a complaint. The cause of the complaint was a MMS, allegedly derogatory to Prime Minister Narendra Modi. After interrogation, the Khanapur (Belgaum) police let Waqas off on the ground that Waqas was not the originator of the MMS, and that Mr. Tinaikar had provided an incorrect mobile phone number.

In another part of the country, Digvijaya Singh is vocal about Indian police’s zealous policing of anti-Modi comments, while they were all but visible when former Prime Minister Dr. Manmohan Singh was the target of abusive remarks.

Kerala:

The Anti-Piracy Cell of Kerala Police plans to target those uploading pornographic content on to the Internet and its sale through memory cards. A circular to this effect has been issued to all police stations in the state, and civil society cooperation is requested.

In other news, Ernakulam MLA Hibi Eden inaugurated “Hibi on Call”, a public outreach programme that allows constituents to reach the MLA directly. A call on 1860 425 1199 registers complaints.

Maharashtra:

Mumbai police are investigating pizza delivery by an unmanned drone, which they consider a security threat.

Tamil Nadu:

Small and home-run businesses in Chennai are flourishing with the help of Whatsapp and Facebook: Mohammed Gani helps his customers match bangles with Whatsapp images, Ayeesha Riaz and Bhargavii Mani send cakes and portraits to Facebook-initiated customers. Even doctors spread information and awareness using Facebook. In Madurai, you can buy groceries online, too.

Opinion:

Chethan Kumar fears that Indian cyberspace is strangling freedom of expression through the continued use of the ‘infamous’ Section 66A of the Information Technology Act, 2000 (as amended in 2008). Sunil Garodia expresses similar concerns, noting a number of arrests made under Section 66A.

However, Ankan Bose has a different take; he believes there is a thin but clear line between freedom of expression and a ‘freedom to threaten’, and believes Devu Chodankar and Syed Waqar may have crossed that line. For more on Section 66A, please redirect here.

While Nikhil Pahwa is cautious of the new government’s stance towards Internet freedoms, given the (as yet) mixed signals of its ministers, Shaili Chopra ruminates on the new government’s potential dive into a “digital mutiny and communications revolution” and wonders about Modi’s social media management strategy. For Kashmir Times reader Hardev Singh, even Kejriwal’s arrest for allegedly defaming Nitin Gadkari will lead to a chilling effect on freedom of expression.

Elsewhere, the Hindustan Times is intent on letting Prime Minister Narendra Modi know that his citizens demand their freedom of speech and expression. Civil society and media all over India express their concerns for their freedom of expression in light of the new government.

For more details visit http://editors.cis-india.org/internet-governance/blog/foex-live-may-26-27-2014

FOEX Live: June 16-23, 2014

geetha — 2014-06-24T10:23:18Z

A weekly selection of news on online freedom of expression and digital technology from across India (and some parts of the world).

A quick and non-exhaustive perusal of this week’s content shows that many people are worried about the state of India’s free speech following police action on account of posts derogatory to or critical of the Prime Minister. Lawyers, journalists, former civil servants and other experts have joined in expressing this worry.

While a crackdown on freedom of expression would indeed be catastrophic and possibly unconstitutional, fears are so far based on police action in only 4 recent cases: Syed Waqar in Karnataka, Devu Chodankar in Goa and two cases in Kerala where college students and principals were arrested for derogatory references to Modi. Violence in Pune, such as the murder of a young Muslim man on his way home from prayer, or the creation of a Social Peace Force of citizens to police offensive Facebook content, are all related, but perhaps ought to be more carefully and deeply explored.

Kerala:

In the Assembly, State Home Minister Ramesh Chennithala said that the State government did not approve of the registration of cases against students on grounds of anti-Modi publications. The Minister denunciation of political opponents through cartoons and write-ups was common practice in Kerala, and “booking the authors for this was not the state government’s policy”.

Maharashtra:

Nearly 20,000 people have joined the Social Peace Force, a Facebook group that aims to police offensive content on the social networking site. The group owner’s stated aim is to target religious posts that may provoke riots, not political ones. Subjective determinations of what qualifies as ‘offensive content’ remain a troubling issue.

Tamil Nadu:

In Chennai, 101 people, including filmmakers, writers, civil servants and activists, have signed a petition requesting Chief Minister J. Jayalalithaa to permit safe screening of the Indo-Sri Lankan film “With You, Without You”. The petition comes after theatres cancelled shows of the film following threatening calls from some Tamil groups.

Telangana:

The K. Chandrasekhar Rao government has blocked two Telugu news channels for airing content that was “derogatory, highly objectionable and in bad taste”.

The Telagana government’s decision to block news channels has its supporters. Padmaja Shaw considers the mainstream Andhra media contemptuous and disrespectful of “all things Telangana”, while Madabushi Sridhar concludes that Telugu channel TV9’s coverage violates the dignity of the legislature.

West Bengal:

Seemingly anti-Modi arrests have led to worry among citizens about speaking freely on the Internet. Section 66A poses a particular threat.

News & Opinion:

The Department of Telecom is preparing a draft of the National Telecom Policy, in which it plans to treat broadband Internet as a basic right. The Policy, which will include deliberations on affordable broadband access for end users, will be finalised in 100 days.

While addressing a CII CEO’s Roundtable on Media and Industry, Information and Broadcasting Minister Prakash Javadekar promised a transparent and stable policy regime, operating on a time-bound basis. He promised that efforts would be streamlined to ensure speedy and transparent clearances.

A perceived increase in police action against anti-Modi publications or statements has many people worried. But the Prime Minister himself was once a fierce proponent of dissent; in protest against the then-UPA government’s blocking of webpages, Modi changed his display pic to black.

Medianama wonders whether the Mumbai police’s Cyber Lab and helpline to monitor offensive content on the Internet is actually a good idea.

G. Sampath wonders why critics of the Prime Minister Narendra Modi can’t voluntarily refrain from exercising their freedom of speech, and allow India to be an all-agreeable development haven. Readers may find his sarcasm subtle and hard to catch.

Experts in India mull over whether Section 79 of the Information Technology Act, 2000, carries a loophole enabling users to exercise a ‘right to be forgotten’. Some say Section 79 does not prohibit user requests to be forgotten, while others find it unsettling to provide private intermediaries such powers of censorship.

Some parts of the world:

Sri Lanka has banned public meetings or rallies intended to promote religious hatred.

In Pakistan, Twitter has restored accounts and tweets that were taken down last month on allegations of being blasphemous or ‘unethical’.

In Myanmar, an anti-hate speech network has been proposed throughout the country to raise awareness and opposition to hate speech and violence.

For feedback, comments and any incidents of online free speech violation you are troubled or intrigued by, please email Geetha at geetha[at]cis-india.org or on Twitter at @covertlight.

For more details visit http://editors.cis-india.org/internet-governance/blog/foex-live-june-16-23-2014

FOEX Live: June 8-15, 2014

geetha — 2014-06-16T10:22:31Z

A weekly selection of news on online freedom of expression and digital technology from across India (and some parts of the world). Please email relevant news/cases/incidents to geetha[at]cis-india.org.

Karnataka:

A Hindu rightwing group demanded the arrest of a prominent activist, who during a speech on the much-debated Anti-superstition Bill, made comments that are allegedly blasphemous.

Kerala:

On June 10, the principal and six students of Government Polytechnic at Kunnamkulam, Thrissur, were arrested for publishing a photograph of Prime Minister Narendra Modi alongside photographs of Hitler, Osana bin Laden and Ajmal Kasab, under the rubric ‘negative faces’. An FIR was registered against them for various offences under the Indian Penal Code including defamation (Section 500), printing or engraving matter known to be defamatory (Section 501), intentional insult with intent to provoke breach of peace (Section 504), and concealing design to commit offence (Section 120) read with Section 34 (acts done by several persons in furtherance of common intention). The principal was later released on bail.

In a similarly unsettling incident, on June 14, 2014, a case was registered against the principal and 11 students of Sree Krishna College, Guruvayur, for using “objectionable and unsavoury” language in a crossword in relation to PM Narendra Modi, Rahul Gandhi, Shashi Tharoor, etc. Those arrested were later released on bail.

Maharashtra:

Facebook posts involving objectionable images of Dr. B.R. Ambedkar led to arson and vandalism in Pune. Police have sought details of the originating IP address from Facebook.

A Pune-based entrepreneur has set up a Facebook group to block ‘offensive’ posts against religious leaders. The Social Peace Force will use Facebook’s ‘Report Spam’ option to take-down of ‘offensive’ material.

Deputy Chief Minister Ajit Pawar suggested a ban on social media in India, and retracted his statement post-haste.

Punjab:

A bailable warrant was issued against singer Kailash Kher for failing to appear in court in relation to a case. The singer is alleged to have hurt religious sentiments of the Hindu community in a song, and a case registered under Sections 295A and 298, Indian Penal Code.

Uttar Pradesh:

The presence of a photograph on Facebook, in which an accused in a murder case is found posing with an illegal firearm, resulted in a case being registered against him under the IT Act.

News & Opinion:

Authors, civil society activists and other concerned citizens issued a joint statement questioning Prime Minister Modi’s silence over arrests and attacks on exercise of free speech and dissent. Signatories include Aruna Roy, Romila Thapar, Baba Adhav, Vivan Sundaram, Mrinal Pande, Jean Dreze, Jayati Ghosh, Anand Pathwardhan and Mallika Sarabhai.

In response to Mumbai police’s decision to take action against those who ‘like’ objectionable or offensive content on Facebook, experts say the freedom to ‘like’ or ‘share’ posts or tweets is fundamental to freedom of expression. India’s defamation laws for print and the Internet need harmonization, moreover.

While supporting freedom of expression, Minister for Information and Broadcasting Prakash Javadekar cautioned the press and all users of social media that the press and social media should be used responsibly for unity and peace. The Minister has also spoken out in favour of free publication, in light of recent legal action against academic work and other books.

Infosys, India’s leading IT company, served defamation notices on the Economic Times, the Times of India and the Financial Express, for “loss and reputation and goodwill due to circulation of defamatory articles”. Removal of articles and an unconditional apology were sought, and Infosys claimed damages amounting to Rs. 2000 crore. On a related note, Dr. Ashok Prasad argues that criminal defamation is a violation of freedom of speech.

Drawing on examples from the last 3 years, Ritika Katyal analyses India’s increasing violence and legal action against dissent and hurt sentiment, and concludes that Prime Minister Narendra Modi has both the responsibility and ability to “rein in Hindu hardliners”.

Discretionary powers resting with the police under the vaguely and broadly drafted Section 66A, Information Technology Act, are dangerous and unconstitutional, say experts.

Providing an alternative view, the Hindustan Times comments that the police ought to “pull up their socks” and understand the social media in order to effectively police objectionable and offensive content on the Internet.

Keeping Track:

Indconlawphil’s Free Speech Watch keeps track of violations of freedom of expression in India.

For more details visit http://editors.cis-india.org/internet-governance/blog/foex-live-june-8-15-2014

FOEX Live: June 1-7, 2014

geetha — 2014-06-07T13:33:45Z

A weekly selection of news on online freedom of expression and digital technology from across India (and some parts of the world).

Delhi NCR:

Following a legal notice from Dina Nath Batra, publisher Orient BlackSwan “set aside… for the present” Communalism and Sexual Violence: Ahmedabad Since 1969 by Dr. Megha Kumar, citing the need for a “comprehensive assessment”. Dr. Kumar’s book is part of the ‘Critical Thinking on South Asia’ series, and studies communal and sexual violence in the 1969, 1985 and 2002 riots of Ahmedabad. Orient BlackSwan insists this is a pre-release assessment, while Dr. Kumar contests that her book went to print in March 2014 after extensive editing and peer review. Dina Nath Batra’s civil suit led Penguin India to withdraw Wendy Doniger’s The Hindus: An Alternative History earlier this year.

The Delhi Police’s Facebook page aimed at reaching out to Delhi residents hailing from the North East proved to be popular.

Goa:

Shipbuilding engineer Devu Chodankar’s ordeal continued. Chodankar, in a statement to the cyber crime cell of the Goa police, clarified that his allegedly inflammatory statements were directed against the induction of the Sri Ram Sene’s Pramod Muthalik into the BJP. Chodankar’s laptop, hard-disk and mobile Internet dongle were seized.

Jammu & Kashmir:

Chief Minister Omar Abdullah announced the withdrawal of a four-year-old SMS ban in the state. The ban was instituted in 2010 following widespread protests, and while it was lifted for post-paid subscribers six months later, pre-paid connections were banned from SMSes until now.

Maharashtra:

In a move to contain public protests over ‘objectionable posts’ about Chhatrapati Shivaji, Dr. B.R. Ambedkar and the late Bal Thackeray (comments upon whose death led to the arrests of Shaheen Dhada and Renu Srinivasan under Section 66A), Maharashtra police will take action against even those who “like” such posts. ‘Likers’ may be charged under the Information Technology Act and the Criminal Procedure Code, say Nanded police.

A young Muslim man was murdered in Pune, apparently connected to the online publication of ‘derogatory’ pictures of Chhatrapati Shivaji and Bal Thackarey. Members of Hindu extremists groups celebrated his murder, it seems. Pune’s BJP MP, Anil Shirole, said, “some repercussions are natural”. Members of the Hindu Rashtra Sena were held for the murder, but it seems that the photographs were uploaded from foreign IP addresses. Across Maharashtra, 187 riotingcases have been registered against a total of 710 persons, allegedly in connection with the offensive Facebook posts.

On a lighter note, Bollywood hopes for a positive relationship with the new government on matters such as film censorship, tax breaks and piracy.

News & Opinion:

Shocking the world, Vodafone reported the existence of secret, direct-access wires that enable government surveillance on citizens. India is among 29 governments that sought access to its networks, says Vodafone.

I&B Minister Prakash Javadekar expressed his satisfaction with media industry self-regulation, and stated that while cross-media ownership is a matter for debate, it is the legality of transactions such as the Reliance-Network18 acquisition that is important.

Nikhil Pahwa of Medianama wrote of a ‘right to be forgotten’ request they received from a user in light of the recent European Court of Justice ruling. The right raises a legal dilemma in India, LiveMint reports. Medianama also comments on Maharashtra police’s decision to take action against Facebook ‘likes’, noting that at the very least, a like and a comment do not amount to the same thing.

The Hindu was scorching in its editorial on the Pune murder, warning that the new BJP government stands to lose public confidence if it does not clearly demonstrate its opposition to religious violence. The Times of India agrees.

Sanjay Hegde wrote of Section 66A of the Information Technology Act, 2000 (as amended in 2008) as a medium-focused criminalization of speech. dnaEdit also published its criticism of Section 66A.

Ajit Ranade of the Mumbai Mirror comments on India as a ‘republic of hurt sentiments’, criminalizing exercises of free speech from defamation, hate speech, sedition and Section 66A. But in this hurt and screaming republic, dissent is crucial and must stay alive.

A cyber security expert is of the opinion that the police find it difficult to block webpages with derogatory content, as servers are located outside India. But data localization will not help India, writes Jayshree Bajoria.

Dharma Adhikari tries to analyze the combined impact of converging media ownership, corporate patronage of politicians and elections, and recent practices of forced and self-censorship and criminalization of speech.

Elsewhere in the world:

In Pakistan, Facebook has been criticized for blocking pages of a Pakistani rock band and several political groups, primarily left-wing. Across the continent in Europe, Google is suffering from a popularity dip.

The National Council for Peace and Order, the military government in Thailand, has taken over not only the government,but also controls the media. The military cancelled its meetings with Google and Facebook. Thai protesters staged a quiet dissent. The Asian Human Rights Commission condemned the coup. For an excellent take on the coup and its dangers, please redirect here. For a round-up of editorials and op-eds on the coup, redirect here.

China has cracked down on Google, affecting Gmail, Translate and Calendar. It is speculated that the move is connected to the 25^th anniversary of the Tiananmen Square protests and government reprisal. At the same time, a Tibetan filmmaker who was jailed for six years for his film, Leaving Fear Behind, has been released by Chinese authorities. Leaving Fear Behind features a series of interviews with Tibetans of the Qinghai province in the run-up to the controversial Beijing Olympics in 2008.

Japan looks set to criminalize possession of child pornography. According to reports, the proposed law does not extend to comics or animations or digital simulations.

Egypt’s police is looking to build a social media monitoring system to track expressions of dissent, including “profanity, immorality, insults and calls for strikes and protests”.

Human rights activists asked Facebook to deny its services to the election campaign of Syrian President Bashar al-Assad, ahead of elections on June 3.

Call for inputs:

The Law Commission of India seeks comments from stakeholders and citizens on media law. The consultation paper may be found here. The final date for submission is June 19, 2014.

____________________________________________________________________________________________________________

For feedback and comments, Geetha Hariharan is available by email at geetha@cis-india.org or on Twitter, where her handle is @covertlight.

For more details visit http://editors.cis-india.org/internet-governance/blog/foex-live-june-1-7-2014

FOEX Live

geetha — 2014-07-07T12:36:49Z

Selections of news on online freedom of expression and digital technology from across India (and some parts of the world)

For feedback, comments and any incidents of online free speech violation you are troubled or intrigued by, please email Geetha at geetha[at]cis-india.org or on Twitter at @covertlight.

For more details visit http://editors.cis-india.org/internet-governance/blog/foex-live

DIDP Request #8: ICANN Organogram

geetha — 2015-03-17T11:39:16Z

CIS sent ICANN a request under its Documentary Information Disclosure Policy, seeking details of its oragnisational structure and headcount of all staff. CIS' request and ICANN's response are detailed below.

CIS Request

13 January 2015

To:

Mr. Steve Crocker, Chairman of the Board

Mr. Fadi Chehade, President and CEO

Mr. Samiran Gupta, ICANN India

Sub: ICANN organogram

In order to understand ICANN’s organizational structure, decision-making and day-to-day functioning, may we request an organogram of ICANN. We request that the organogram include ICANN’s reporting hierarchy, mentioning positions held in all departments. Wherever possible (such as middle and senior management), we request names of the ICANN staff holding the positions as well. Along with this, could you also provide a count per department of the number of ICANN staff employed in all departments as of this date?

We await your favorable response and the requested information within the prescribed time limit. Please do not hesitate to contact us should you require any clarifications.

Thank you very much.

Warm regards,

Geetha Hariharan

Centre for Internet & Society

W: http://cis-india.org

ICANN Response

ICANN does not provide all the information we requested, but it responded with the following:

First, ICANN has responded that its current staff headcount is approx. 310. ICANN states that it already makes publicly available an organisational chart. This is immensely useful, for it sets out the reporting hierarchies at senior and mid-managerial levels. However, it doesn't tell us the organisational structure categorised by all departments and staff in the said departments. The webpages of some of ICANN's departments list out some of its staff; for instance, Contractual Compliance, Global Stakeholder Engagement and Policy Development (scroll down).

What you will notice is that ICANN provides us a list of staff, but we cannot be sure whether the team includes more persons than those mentioned. Second, a quick glance at the Policy Development staff makes clear that ICANN selects from outside this pool to coordinate the policy development. For instance, the IANA Stewardship Transition (the CWG-IANA) is supported by Ms. Grace Abuhamad, who is not a member of the policy support staff, but coordinates the IANA mailing list and F2F meetings anyway. What this means is that we're no longer certain who within ICANN is involved in policy development and support, whom they report to, and where the Chinese walls lie. This is why an organogram is necessary: the policy-making and implementation functions in ICANN may be closely linked because of staff interaction, and effective Chinese walls would benefit from public scrutiny.

Now, ICANN says that one may explore staff profiles on the Staff page. While short biographies/profiles are available for most staff on the Staff page, it's unclear what departments they work in, how many staff members work each in department, whom they report to, and what the broad range of their responsibilities include.

Privacy concerns do not preclude the disclosure of such information for two reasons. First, staff profiles imply a consent to making staff information public (at least their place in the organisational structure, if not their salaries, addresses, phone extension numbers, etc.). Second, such information is necessary and helpful to scrutinise the effectiveness of ICANN's functioning. Like the example of the policy-making process mentioned above, greater transparency in internal functioning will itself serve as a check against hazards like partisanism, public comment aggregation, drafting of charters for policy-making and determining scope, etc. While the functioning itself may or need not change, scrutiny can ensure responsibility from ICANN and its staff.

ICANN's response to our DIDP request may be found here. A short summary of our request and ICANN's response may be found in this table (Request S. no. 8).

For more details visit http://editors.cis-india.org/internet-governance/blog/didp-request-8-organogram

DIDP Request #7: Globalisation Advisory Groups

geetha — 2015-03-17T10:07:26Z

CIS sent ICANN a request under its Documentary Information Disclosure Policy, seeking information regarding the creation and dissolution of the President's Globalisation Advisory Groups. The GAGs were created to advise the ICANN Board on its globalisation efforts, and to address questions on Affirmation of Commitments (AOC), policy structures, legal structure, root server system, the IANA multistakeholder accountability, and Internet governance. CIS' request and ICANN's response are detailed below.

CIS Request

12 January 2015

To:
Mr. Fadi Chehade, CEO and President

Mr. Steve Crocker, Chairman of the Board

Ms. Theresa Swineheart, Senior Advisor to the President on Strategy

Mr. Samiran Gupta, ICANN India

Sub: Creation and dissolution of the President’s Globalisation Advisory Groups

On 17 February 2014, at a Special Meeting of the ICANN Board, the Board passed a resolution creating the President’s Globalisation Advisory Groups.1 Six Globalisation Advisory Groups were created, including on IANA globalization, legal structures, Internet governance, the Affirmation of Commitments, policy structures and the root server system.2 According to the minutes of the meeting, the Advisory Groups were to meet with the community at ICANN49 (Singapore, March 2014), make recommendations to the Board, and the Board would present their reports at ICANN50 (London, June 2014).3 Mr. Chehade was vested with the authority to change the Advisory Groups and their composition without the need for a further resolution, but the manner of dissolution was not laid out.

ICANN lists the Advisory Groups on its “Past Groups” page, with no further information.4 Presumably, the Groups remained in existence for at most one month. No explanation is provided for the reasons regarding the dissolution of all the Advisory Groups. There are no reports or transcripts of meetings with the community at ICANN49 or recommendations to Mr. Chehade or the Board.

The Globalisation Advisory Groups covered issues crucial for ICANN and the global Internet governance community, including its seat (“Legal Structures”), the Affirmation of Commitments (considered critical for ICANN’s accountability), the IANA stewardship transition, and ICANN’s (increasing) involvement in Internet governance. Given this, we request the following information:

Of the six Globalisation Advisory Groups created, is any Group active as of today (12 January 2015)?
When and how many times did any of the Groups meet?
On what date were the Groups dissolved? Were all Groups dissolved on the same date?
By what mechanism did the dissolution take place (oral statement, email)? If the dissolution occurred by way of email or statement, please provide a copy of the same.
Did any of the six Globalisation Advisory Groups present any report, advice, or recommendations to Mr. Chehade or any member(s) of the Board, prior to their dissolution? If yes, please provide the report/recommendations (if available) and/or information regarding the same.
Why were the Advisory Groups dissolved? Has any reason been recorded, and if not, please provide an explanation.

We await your favorable response and the requested information within the prescribed time limit. Please do not hesitate to contact us should you require any clarifications.

Thank you very much.

Warm regards,
Geetha Hariharan
Centre for Internet & Society

ICANN Response

ICANN's response to this request is positive. ICANN states that the Board did indeed set up the six Globalisation Advisory Groups (GAGs) on 17 February 2014 to tackle issues surrounding ICANN's globalisation efforts. The Affirmation of Commitments (AOC), policy structures, legal structure, root server system, the IANA multistakeholder accountability, and Internet governance were issues taken up by the GAGs. However, after the NTIA made its announcement regarding the IANA transition in March 2014, the GAGs were disbanded so as to avoid duplication of work on issues that "had a home in the global multistakeholder discussions". As a result, by a Board resolution dated 27 March 2014, the GAGs were dissolved.

This is an example of a good response to an information request. Some documentation regarding the creation and dissolution of the GAGs existed, such as the Board resolutions. The response points us to these documents, and summarises the reasons for the GAGs' creation and dissolution.

It is possible that this response is clear/comprehensive because the GAGs no longer exist, and in any event, did not perform any work worth writing about. Queries about ICANN's involvement in Internet governance (NETmundial, the NETmundial Initiative, etc.) garner responses that are, to say it informally, cage-y and surrounded by legalese.

ICANN's response to our DIDP request may be found here. A short summary of our request and ICANN's response may be found in this table (Request S. no. 7).

[1] See Approved Board Resolutions | Special Meeting of the Board, https://www.icann.org/resources/board-material/resolutions-2014-02-17-en.

[2] See President’s Globalisation Advisory Groups, https://www.icann.org/en/system/files/files/globalization-19feb14-en.pdf.

[3] See Minutes | Special Meeting of the Board, https://www.icann.org/resources/board- material/minutes-2014-02-17-en.

[4] See Past Committees, Task Forces, and Other Groups, https://www.icann.org/resources/pages/past-2012-02-25-en.

For more details visit http://editors.cis-india.org/internet-governance/blog/didp-request-7-globalisation-advisory-groups