Centre for Internet and Society

Internet users flay Mumbai girls' arrest over Facebook post

praskrishna — 2012-11-20T11:35:04Z

The arrest of two girls over their Facebook post on shutdown in Mumbai for Bal Thackeray's funeral on Monday again opened a can of worms with netizens calling the move a "social media hijack by the powerful and the fundamentalists". Social media was abuzz with tweets and posts about the arrest, with most referring to the arrest as yet another move to curb freedom of speech on the Internet.

This post was published by IBN Live on November 20, 2012. Pranesh Prakash is quoted.

Noted journalist Gautam Chikermane tweeted "First Pondicherry businessman, now 21 year old Palghar girl. Next: all of us. Social media hijack by the powerful and the fundamentalists". Minister of State (Communications and IT) Milind Deora tweeted: "To learn who rules over you, simply find out who you are not allowed to criticize ~ Voltaire".

Communication specialist Alyque Padamsee expressed shock at the arrest and the vandalism at the clinic of one of the girl's uncle. "I want to know how these girls have broken the law when all they said is that why should Mumbai come to a standstill. There is nothing derogatory against Thackeray. I do not see anything illegal in that," he said. Padamsee further said the Constitution provides everyone free speech and that "no one should be arrested on such flimsy grounds".

Pavan Duggal, Cyber law Expert and an advocate with Supreme Court also voiced similar views. "This is high time for the government for the review of the law. The government should amend the IT Act so as to narrow down its provisions as some of the these violate our constitutional right of free speech."

He added that it would be a bigger challenge for the prosecution to prove that the statement could incite communal disharmony and violence. "This should not be seen merely as "social media regulation", but as a restriction on freedom of speech and expression by both the law and the police," Centre for Internet and Society Policy Director Pranesh Prakash said.

The two girls--Shaheen Dhada and Renu--were sent to 14-day judicial custody by a court before which they were produced today but were granted bail within hours after they furnished personal bonds. There was also an attack on the clinic of an uncle of one of them by Sena activists.

The arrests also sparked an outrage with Press Council of India chief Markandey Katju today demanding "immediate" action against police personnel involved. While Dhada was arrested for the post, Dhada's friend Renu was arrested for 'liking' the post. "Police arrested both of them under section 505(2) (statements creating or promoting enmity, hatred or ill-will between classes). Today, they were granted bail," their advocate Sudhir Gupta said.

The duo was arrested following a police complaint lodged by a local Sena leader. After the comment was posted, a mob of nearly 40 Shiv Sainiks allegedly barged into Dhada's uncles's orthopaedic hospital at Palghar and vandalised the place on Sunday. However, no arrests were made in connection with the attack.

Some other tweets in support of the girls read: "Hatred of minorities, liberals is an epidemic on Twitter. Law shd be harsh on hatespeak not on democratic rights of 21 year olds!Cheerio" (@sagarikaghose) and "So the girl n frnd got arrested for posting stuff on FB did Shiv sainiks get arrested for destroying the doc's hospital?? #Mumbai #Balasaheb" (@SocoMumbai).

Last month, a businessman from Puducherry was arrested on the charge of posting "offensive" messages on social media targeting Union Finance Minister P Chidambaram's son Karti Chidambaram.

The following image was also being circulated over the Internet and is said to be the Facebook post that led to the girls' arrest:

For more details visit http://editors.cis-india.org/news/ibnlive-news-nov-20-2012-netizens-flay-mumbai-girls-arrest-over-facebook-post

WHO's WHO LEGAL names Malavika Jayaram as one of the top lawyers for Internet and e-Commerce Issues in India

praskrishna — 2012-11-20T11:22:03Z

Malavika Jayaram was one of 10 Indian lawyers selected for inclusion as the top lawyers for internet and e-commerce issues in India. The new volume for 2012 was recently published following a process of peer reviews and independent research.

WHO'sWHOLEGAL published an online biography of Malavika:

A dual-qualified lawyer, Malavika spent eight years in London - with Allen & Overy as an IP/IT lawyer in the communications, media & technology group; and with Citigroup, first as vice president and counsel in the technology legal team, and later as senior business analyst.

A lawyer for over 15 years, she relocated to India in 2006. She is a partner at Jayaram & Jayaram, focusing on domestic and cross-border corporate and technology intensive transactions. She represents clients in the aerospace, automotive, hydraulics and pharmaceutical sectors, as well as in the information technology, e-commerce and communication spaces. She has a special interest in new media and the arts, and advises start-ups, innovators, educational institutions and artists on digital rights, cultural heritage and the dissemination of creative works. Malavika is a fellow at the Centre for Internet and Society, reviewing and commenting on legislative and policy developments, and will have a monograph on privacy and identity in India published this year.

A graduate of the National Law School of India, she has an LLM from Northwestern University, Chicago. She is working on a PhD on data protection and privacy, with a special focus on India's e-governance schemes and the new biometric ID project. She is on the advisory board of the Indian Journal of Law & Technology, and is the author of the India chapter of Getting the Deal Through - Data Protection & Privacy, which is being launched this year. Malavika will be a visiting scholar during autumn 2012 at the Center for Global Communication Studies at the Annenberg School, University of Pennsylvania.

For more details visit http://editors.cis-india.org/news/whoswholegal-profiles-malavika-jayaram

Girl's arrest draws flak on social media

praskrishna — 2012-11-20T11:04:27Z

The arrest of a 21-year-old girl by Mumbai police for criticizing the shutting down of the city following the death of Bal Thackeray come under fire from netizens.

Arun Dev's article was published in the Times of India on November 20, 2012. Pranesh Prakash is quoted.

Many tweets and Facebook posts popped up soon after the news of her arrest played on TV and social media networks, some even reposting what she first posted on her page.

Pranesh Prakash, programme manager, Centre for Internet and Society, told TOI this case was a clear case of misapplication of Section 295A of the Indian Penal Code. "This provision has been frivolously used numerous times in Maharashtra. Even the banning of James Laine's book, 'Shivaji: Hindu King in Islamic India', happened this section. The ban was subsequently deemed unlawful by both the Bombay high court and the Supreme Court. Indeed, Section 295A has not been applied in cases where it's more apparent," he said.

On the CIS blog, he commented, "Interestingly, the question arises of the law under which the friend who 'liked' the Facebook status update was arrested. It would take a highly clever lawyer and a highly credulous judge to make 'liking' of a Facebook status update an act capable of being charged with electronically sending ... any information that is grossly offensive or has menacing character".

"It is absolutely ridiculous. Regardless of the fact she was given bail, she was sent to 14 days of judicial custody for a mere comment. We have allowed our social media to be free and open but we have laws which are ancient," said Lawrence Liang, a lawyer working on media laws with the Alternative Law Forum in Bangalore. "Such cases don't stand a chance in a court of law. We need procedural safeguards which will ensure cases which are not relevant are not be allowed to be filed," he added.

The open letter to the chief minister of the Maharashtra by Justice Katju, Chairman, Press Council of India, and former Judge, Supreme Court of India too was widely circulated on social media. Some posted this excerpt: "We are living in a democracy, not a fascist dictatorship. In fact this arrest itself appears to be a criminal act since under sections 341 and 342 it is a crime to wrongfully arrest or wrongfully confine someone who has committed no crime."

For more details visit http://editors.cis-india.org/news/times-of-india-arun-dev-nov-20-2012-girl-arrest-draws-flak-on-social-media

A Report of the Odia Wikipedia Workshop held in KMBB College of Engineering, Bhubaneswar

praskrishna — 2012-12-07T22:37:59Z

(By Debapriya Priyadashi Chakra) Sambad, Odisha's most widely read and largest circulated daily, on November 19, 2012, published an article about the Odia Wikipedia workshop organized in KMBB College of Engineering, Bhubaneswar, Odisha.

Read a detailed report about this workshop.

For more details visit http://editors.cis-india.org/news/report-of-odia-wikipedia-workshop-in-sambad

Girls arrested for Facebook post on Thackeray get bail

praskrishna — 2012-11-30T05:18:30Z

Two girls who were arrested for making a Facebook comment protesting the closure of shops in the wake of Shiv Sena supremo Bal Thackeray‘s death, have been released on bail bonds of Rs 15,000 each.

This article was published in the FirstPost on November 19, 2012. Pranesh Prakash is quoted.

The duo, one of whom had reportedly updated her Facebook status to read “People like Thackeray are born and die daily and one should not observe a bandh for that” and the other one who ‘liked’ it, were initially booked under section 295A (hurting the religious sentiment of others) and were reportedly remanded to judicial custody for 14 days, NDTV reported.

The two girls were arrested after a complaint made to the Palghar police station in neighbouring Thane district by a local Sena leader.

A group of Shiv Sainiks attacked and ransacked the girl’s uncle’s orthopaedic clinic at Palghar, even though she withdrew her comment and apologised.

In comments to Firstpost, Pranesh Prakash of the Centre for Internet and Society, said that the arrest was a gross misapplication of the Indian Penal Code, and said that this particular provision had been misused on multiple occasions by the state of Maharashtra.

“What makes this seem ironic, and almost a parodic news report, is the fact that Bal Thackeray probably violated this provision more times than most other politicians, but was only charged under it once or twice”, he said.

The arrest has predictably elicited outrage from across the spectrum. Many took to social media to express their disgust, while NDTV reported that Maharashtra police HQ in Mumbai was very upset with the action taken by the Palghar police.

Press Council of India Chairman Markandey Katju had also called for the immediate release of the girls and wrote to Maharashtra Chief Minister Prithviraj Chavan asking him to ensure it.

Pointing out that people were not living under a fascist dictatorship, he said that the act of arrest appeared to be a criminal act since it was a violation under sections of the Indian Penal Code to wrongfully arrest or confine anyone.

The PCI chief said that legal consequences would follow if the Chief Minister failed to take action.

For more details visit http://editors.cis-india.org/news/first-post-nov-19-2012-girls-arrested-for-facebook-post-on-thackeray-get-bail

Women arrested for Facebook post: Did cops act under Sena pressure?

praskrishna — 2012-11-21T11:17:37Z

After Bal Thackeray's death, during the Mumbai Bandh, a 21-year-old criticised the shutdown on her Facebook page — her friend approved of it — next thing they know, they are facing a case, and this morning they were arrested.

YP Singh, Alyque Padamsee, Rohan Joshi, Karuna Nundy and Pranesh Prakash took part in a discussion about the arrest of two girls over a Facebook comment. The discussion was aired in NDTV on November 19, 2012.

The anchor asked Pranesh Prakash:

Who are these people scrolling through people's Facebook posts and Twitter accounts, finding these comments and taking action?

Pranesh Prakash said that it could be anyone. The reality is doesn't really matter because the laws are written in such a way that if it is public and stuff that is on Facebook for different purposes can either be public or private, if it is public these laws can very often apply and that is a problem. We haven't quite figured out to what extent these laws apply. The IT Act section 66A for instance, is unconstitutional, section 295 A which has been applied, and section 505 which also seems to have been applied in this case make it a clear case of misappropriation of those provisions. These kind of arrests will happen. It doesn't quite matter if we have right laws at one level and it clearly doesn't help if we have bad laws. What we need to do at least in part to remedy the situation is to amend the IT Act to make it consonant and consistent with civil and political rights and to do so in multi-stakeholder fashion involving civil society, industry and government. Right now it doesn't protect privacy and freedom of speech as much as it should.

Watch the full video aired on NDTV

For more details visit http://editors.cis-india.org/news/ndtv-video-ndtv-special-ndtv-24x7

Science Gallery Workshop @ Srishti

praskrishna — 2012-12-04T15:42:58Z

Srishti School of Art, Design and Technology is organizing a workshop to discuss the exciting potential of envisaging a Science Gallery in Bangalore as a part of the Global Science Gallery Network. Sunil Abraham is participating in this workshop.

Srishti is hosting this first workshop in collaboration with the Science Gallery at Trinity College Dublin, which is spearheading this initiative across six cities worldwide on November 23, 2012.

Shristi is inviting multiple stakeholders in the city, including scientists, technologists and artists, to begin discussions and collaborations to conceptualize the Science Gallery in Bangalore. The Science Gallery will explore intersections of art, science and technology, through public engagement particularly the youth, to make science accessible and inspirational to all.

Click the links below for more about the Science Gallery:

http://sciencegallery.com/

http://sciencegallery.com/international

Venue
Srishti School of Art Design and Technology (N2 campus)
No. 40/A, 5th Cross, 5th Main,
Shiva Mandir Road,
Yelahanka New Town 5th Phase

Date: Friday, November 23, 2012
Time: 9.00 a.m. to 1.00 p.m.

For more details visit http://editors.cis-india.org/news/science-gallery-workshop

Two women arrested over Facebook gripe on Mumbai shutdown

praskrishna — 2013-01-15T09:26:33Z

A woman who complained about the Indian city of Mumbai shutting down for the funeral of divisive Hindu nationalist politician Balasaheb Thackeray was arrested for "hurting religious sentiments," local police told reporters amid public anger over the case.

This article by Emily Alpert appeared in Los Angeles Times on November 19, 2012. Pranesh Prakash is quoted.

Indian media identified the woman as Shaheen Dhada, 21, who reportedly wrote, "People like Thackeray are born and die daily and one should not observe a bandh [shutdown] for that.”

Police also arrested a friend of hers who "liked" the comment.

The Facebook remark spurred angry backers of Thackeray, a controversial figure who once openly called for attacks on Muslims, to assault a clinic owned by Dhada' uncle. Analysts told the Associated Press that the arrests appeared to be a move by police to head off any further violence from Thackeray supporters.

Free-speech groups were outraged by the ransacking and arrests. In a blistering letter to the chief minister of Maharashtra state, a former Supreme Court justice who now heads the Press Council of India called the charges absurd and unlawful and demanded that the police officers involved be prosecuted.

"We are living in a democracy, not a fascist dictatorship," Markandey Katju wrote.

The Maharashtra director-general of police ordered a probe into the arrests Monday, Indian television station IBN reported. The two women were reportedly released on bail during the day.

The Shiv Sena political party that Thackeray founded has polarized Mumbai over the years with campaigns against Muslims and migrants. His death put the city on high alert over the weekend amid fears of violence. As shops were shuttered and taxis sat idle, some Mumbai residents grew frustrated.

"When tens of thousands were making similar comments ... how did the police single out Shaheen Dhada and her friend for arrest?” wrote Pranesh Prakash of the Center for Internet and Society. He added, "This should not be written off as a harmless case of the police goofing up."

For more details visit http://editors.cis-india.org/news/la-times-nov-19-2012-emily-alpert-two-women-arrested-over-facebook-gripe-on-mumbai-shutdown

India ranks second globally in accessing private details of users

praskrishna — 2012-11-19T04:49:23Z

According to the latest transparency report released by Google, India ranks second in the world for accessing private details of its citizens, only after the U.S. The Google report lists out requests it received from governments across the world to access details of users of its various services.

Kul Bhushan's blog post was published in thinkdigit on November 15, 2012. Pranesh Prakash is quoted.

Google's data reveals India had made 2,319 requests involving 3,467 users in the first six months. The U.S. made 7,969 requests, while Brazil, which ranks third, made 1,566 requests during the same period. Worldwide 20,938 requests were made during the January-June period. The report says the information shared included complete Gmail account, chat logs, Orkut profile and search terms among others.

The requests for accessing user data from India had grown two-fold from 1,061 in July-December 2009 to 2,207 in July-December 2011, the report points out.

According to the report, India has been consistently sending requests to remove content which it brands as defamatory and against national security. The court orders, however, to take down content has remained almost stagnant over the years; though requests from the executive and police have grown.

In the first six months this year, there were 20 court orders and 64 requests from executive/police that resulted in 596 items being taken down from the web. During the January-June 2010 period, there were only eight court orders and 22 executive/police requests, resulting in 125 items being taken down. Read about Google's previous transparency report here.

"Though India is a large country with a significant number of internet users, this data is nonetheless an indicator of growing surveillance," Times of India quotes Pranesh Prakash, policy director at Centre for Internet and Society ( CIS), a Bangalore-based organization looking at issues of public accountability, internet freedom and openness, as saying.

"India lacks a general privacy law that helps set guidelines for such user requests, despite privacy being a constitutional right as part of the right to life," added Prakash.

For more details visit http://editors.cis-india.org/news/thinkdigit-internet-kul-bhushan-nov-15-2012-india-ranks-second-globally-in-accessing-private-details-of-users

‘Some Indian laws could be challenging’

praskrishna — 2012-11-19T04:40:46Z

Wikipedia’s founder member Erik Möller says their principle is not to decide the map of India, but to explain that there is a controversy.

This article was published in Bangalore Mirror on November 15, 2012.

Erik Möller, vice-president engineering and product development, Wikimedia Foundation, is one of the founder members of Wikipedia, along with Jimmy Wales, since it started in 2001. Möller was in Bangalore over the weekend to speak at a technical seminar at the Centre for Internet and Society (CIS), a local chapter of Wikimedia. He spoke about India’s role in the growth of Wikipedia not just in the sub-continent, but globally.

BM: How significant is India in the Wikipedia movement?
EM: Very significant and growing. I don’t have the data on exact number of editors based in India. However currently, 2.4 per cent of all Wikipedia edits globally are made from India. As a comparison, the UK’s is 6.5 per cent. India has overtaken Australia and (narrowly) Brazil since last year. In the 2011 fundraiser, India reached the top 10 of countries giving to the Wikimedia Foundation, with 39,000 donors from India giving the equivalent of $360,468. The 2012 fundraiser will be launched in a few days. (Interestingly, India is the only developing nation in the Top 10 contributing nations).

Does the financial support from India surprise you?
Of course not. You are a country of a billion people (laughs). I think Wikipedia appeals to a lot of cultural sensibilities, sharing of knowledge and culture. I think people here want to share.

Where does India stand in the future of Wikipedia’s roadmap?
India was identified as one of three global priority areas in our 2010-15 strategic plan (alongside Brazil and Arabic language countries). While there are active Wikipedia communities in many Asian countries, India continues to be the Foundation’s main focus area in (non-Arabic) Asia through the “Access To Knowledge (A2K)” programme conducted by CIS as our local partner, funded via a grant from the Wikimedia Foundation.

From the standpoint of freedom to internet access, what do you think of Indian laws?

Depending on your interpretation, specific laws in India could be challenging, particularly in areas of mapping (geographically). We are concerned about those things, but have to run with it. We consider ourselves specifically (governed by) US laws from where we are legally published. But then, Wiki is not an advocacy organisation that goes around telling people which politician to vote for. As Wikipedia founder Jimmy Wales said, it’s very important all people become educated on the issues. It’s not up to us to decide what’s the correct map of India, of course, but it is up to us to explain there is a controversy.

Are you constantly bombarded with litigation world over?

Surprisingly not.

What are the big developments happening in Wikipedia?

We are currently running two pilot projects – Wikidata and Wikivoyage. For example, today you can find out the GDP of each country on Wikipedia but cannot query and arrange countries by GDP size. Wikidata will allow you to do that. Similarly, Wikivoyage will provide matter-of-fact information on local sites that are of interest to travellers.

For more details visit http://editors.cis-india.org/news/bangalore-mirror-article-kalyan-subramani-nov-15-2012-some-indian-laws-could-be-challenging

Post and be Damned

praskrishna — 2012-11-19T03:40:46Z

Your careless comments online could put you in jail, thanks to Section 66A of the Information Technology Act. Kavitha Shanmugam examines a law that some critics say is vague and unconstitutional

Kavita Shanmugham's column was published in the Telegraph on November 14, 2012. Pranesh Prakash is quoted.

Two weeks ago, S. Ravi, owner of a small plastic packaging unit in Puducherry, was rudely woken up by the police at 5am, manhandled and arrested. Reason: Ravi had posted a couple of unflattering comments about Karti Chidambaram, son of finance minister P. Chidambaram, on Twitter. He had tweeted that Chidambaram Junior "had amassed more wealth than Robert Vadra".

Ravi was arrested under Section 66A of the Information Technology (IT) Act, 2008, and hauled up before a judicial magistrate who remanded him to nine days in custody. "It was then that I became really scared," says Ravi, who is out on bail.

A casual tweeter with just 16 followers, Ravi believes he did nothing wrong. “I was using a statement that was already there on the Internet. They could have sent me a lawyer’s notice or investigated the complaint before taking action,” argues Ravi, whose Twitter following has now jumped to 2,518.

"My tweet was retweeted by 20,000 people, who dared the authorities to arrest them too," he adds indignantly, terming Section 66A a “draconian law" with "wide scope for misuse".

Ravi is not alone in denouncing Section 66A of the IT Act. Indeed, there is now a huge outcry against the law, with a section of legal and cyber experts saying that it is nothing but a useful tool in the hands of the powers that be to curb freedom of speech and expression online.

At the same time, there are those who believe that online abuse or defamation cannot masquerade as freedom of speech and that the law is necessary to move against those who commit this offence.

Karti Chidambaram, for one, believes that Ravi’s tweet was motivated and defamatory. "The tweeter made one tweet in 78 days. It was about me. It clearly implied that I am corrupt. That is malicious. So I preferred a complaint to the police. The law exists. I didn’t frame the law," he says.

Section 66A of the IT Act lays down that a person can be punished with up to three years’ imprisonment if he or she sends offensive information or messages through a computer resource or communication device. The problem arises because it fails to clarify what can be termed "offensive". For example, information that is "grossly offensive" or has "menacing character” or information disseminated for the “purpose of causing annoyance and inconvenience" are all brought under the ambit of "offensive". This leaves the law wide open for various interpretations and abuse. "It’s too vaguely worded," insists M. Lenin, a lawyer advising volunteers of India Against Corruption in Chennai. “Any online statement can be declared 'offensive' and any tweet may be deemed ‘inconvenient’. The section has become a convenient tool for the police to harass people."

Section 66A of the IT Act lays down that a person can be punished with up to three years’ imprisonment if he or she sends offensive information or messages through a computer resource or communication device. The problem arises because it fails to clarify what can be termed "offensive". For example, information that is "grossly offensive" or has "menacing character” or information disseminated for the “purpose of causing annoyance and inconvenience" are all brought under the ambit of "offensive". This leaves the law wide open for various interpretations and abuse.

"It’s too vaguely worded," insists M. Lenin, a lawyer advising volunteers of India Against Corruption in Chennai. “Any online statement can be declared 'offensive' and any tweet may be deemed ‘inconvenient’. The section has become a convenient tool for the police to harass people."

Earlier this year, Section 66A was also invoked, among other laws, to arrest Jadavpur University professor Ambikesh Mahapatra for forwarding an email cartoon of West Bengal chief minister Mamata Banerjee.

Indeed, some experts go a step further and call Section 66A patently unconstitutional. Says Pranesh Prakash, policy director, Centre for Internet and Society, Bangalore, "It’s clearly in violation of Article 19(1)(a) of our Constitution that guarantees freedom of speech. The fact that some information is ‘grossly offensive’ (Section 66A) or that it causes ‘annoyance’ or ‘inconvenience’ while being known to be false (Section 66A(c)) cannot be a reason for curbing freedom of speech unless it is directly related to violating decency, morality or public order, or amounts to defamation."

However, apologists for Section 66A argue that the law has its merits too in that it can be used to move against genuine incidents of harassment or defamation online. Take the case of Chinmayee Sripada, a popular Chennai-based playback singer. Chinmayee, who has one lakh followers on Twitter, was targeted by a group of six men who sent her lewd and threatening tweets for a period of time. Apparently, they were upset with her remarks on reservation and for not joining them in a Twitter campaign against the killing of Tamil Nadu fishermen by the Sri Lankan navy.

Recently, Chinmayee complained to the police with “thousands of pages of ugliness and vulgarity” and the trolls, including a professor at the National Institute of Fashion Technology, Chennai, were identified and arrested under Section 66A.

The offending tweeters apologised to her and closed their accounts after the arrest. "I believe Section 66A belled the cat. The arrest made people realise that Twitter also demands self-regulation. In the name of freedom of speech there is zero control on platforms like Twitter. There should be some boundaries," says Chinmayee’s mother T. Padmahasini.

Ramachandra Murthy, Ravi’s lawyer, too believes that Section 66A is a "good tool" for genuine cases of harassment. "Unfortunately, it is being misused by influential people. Still, if you are innocent the case can never hold up in court," he reasons.

Others question the need for a separate law to deal with cases of online defamation or harassment when the Indian Penal Code already has provisions to tackle them. New Delhi-based lawyer Apar Gupta cites the examples of Section 500, 499 and 294 of the IPC which deal with defamation or committing obscene acts in public. "Section 66A only makes the burden on the accused harsher," he adds.

While some IT experts want Section 66A scrapped, others say that it should at least be amended. “Even if the section is not struck off the statute books, the provisions in it may be read down by the courts and safeguards may be prescribed in its application,” says Gupta.

Until that happens, mistaking social media platforms for online drawing rooms where you can indulge in all kinds of freewheeling chat could be fraught with danger.

Justice A.P. Shah, a former chief justice of the Delhi High Court, echoes that view. "Section 66A is very broad and loosely worded. The scope of such a law has to be restricted. Instead, it is vague and clearly violative of Article 19(1)(a) of the Constitution that guarantees freedom of speech and expression," he says.

For more details visit http://editors.cis-india.org/news/telegraphindia-opinion-story-kavitha-shanmugham-nov-14-2012-post-and-be-damned

Privacy in the Social Networked World

praskrishna — 2012-12-04T16:19:51Z

The Asian Privacy Scholars Network 2nd International Conference was hosted by the Centre for Business Information Ethics, Meiji University, Tokyo, Japan, on behalf of the Asian Privacy Scholars Network, November 19 - 20, 2012. Elonnai Hickok is speaking at the event.

Monday, November 19, 2012

09:00—09:30	Registration and Welcome
09:30—10:30	Keynote Speaker: Pirongrong Ramasoota (Chulalongkorn University, Thailand) The Future of Privacy in the World's Largest Democracy
10:30—11:00	Break
11:00—12:30	Whon-Il Park (Kyung Hee University, Korea) How to Protect, or Utilize, Personal Visual Information in Korea Sinta Dewi Rosadi (University Padjadjaran, Indonesia) Constitutional Privacy Protection: The Indonesian Experience Takato Natsui (Meiji University, Japan) Censorship, Burying and Mental Health in Business Office
12:30—14:00	Lunch
14:00—15:00	Lilian Edwards (Strathclyde University, UK) International Implications of the Proposed Revision of the EU Data Protection Directive Graham Greenleaf (UNSW, Australia and Meiji University, Japan) 100 Data Privacy Laws: Their Significance and Origins
15:00—15:30	Break
15:30—16:30	Kiyoshi Murata/Yohko Orito (Meiji University/Ehime University, Japan) Japanese Youngsters' Social Attitude towards Privacy Ryoko Asai/Iordanis Kavathatzopoulos (Meiji University, Japan/Uppsala University, Sweden) The Paradoxical Nature of Privacy
18:00—20:00	Conference Banquet (Salon San, 23rd Floor, Liberty Tower, Meiji University)

Tuesday, November 20, 2012

09:00—09:45	Keynote Speaker: Roger Clarke (Xamax Consultancy, UNSW and ANU, Australia) Consumer-Oriented Social Media as Market Opportunity
09:45—10:00	Video Presentation from David Lyon (Queens University, Canada)
10:00—10:30	Break
10:30—12:00	Daniel Trottier (Uppsala University, Sweden) Social Networking Sites and Crowd-sourced Surveillance Colin Bennett (University of Victoria, Canada) Social Networking and Privacy Jurisdiction Andrew Adams (Meiji University, Japan) Facebook Code: SNS Platform Affordances and Privacy
12:00—13:00	Lunch
13:00—14:30	Elonnai Hickok (Centre for Internet and Society, India) Transparency and Privacy in India Fumio Shimpo (Keio University, Japan) Current Developments in Japanese Data Protection Policy Panel: Chen, Greenleaf, Hickok, Shimpo
14:30—15:00	Break
15:00—17:00	Ian Brown (University of Oxford, UK) Data Protection and Social Networking Services Shirley Williams (University of Reading, UK) Do Computer Science Scholars Consider Issues of Privacy when Studying Large Twitter Data Sets? Final Panel: Adams, Bennett, Brown, Clarke, Williams

Organisers

Prof Andrew A. Adams, Meiji University, Tokyo, Japan
Prof Kiyoshi Murata, Meiji University, Tokyo, Japan
Prof Graham Greenleaf, UNSW, Sydney, Australia
(JSPS Visiting Fellow, Meiji University Sep-Dec 2012)

Read the original here

For more details visit http://editors.cis-india.org/news/privacy-in-social-networked-world

India second in requesting user info: Google

praskrishna — 2012-11-15T09:40:10Z

India is at second place after the US in terms of the government requests for user data from Google

Karthik Subramanian's article was published in the Hindu on November 14, 2012. Pranesh Prakash is quoted.

The Indian government made the second largest demand for Web user information — next only to the United States government — to Google in the six-month period from January to June this year, according to the ‘Transparency Report’ published by the Web services major on Tuesday.

During the six-month period, the Indian government — both by way of court orders and by way of requests from police— requested Google to disclose user information 2,319 times over 3,467 users/accounts. Google fully or partially complied with the request to the tune of 64 per cent. Only the U.S. government requested more data during the period — 7,969 requests over 16,281 accounts, compliance rate: 90 per cent.

It is the sixth time Google has brought out the bi-annual report detailing its interactions with the world government agencies. It details two categories of interactions : requests to divulge user data; and requests to pull down content. India ranked seventh in the list of requests to pull down data; experts say that the possible reason could be the government not having such powers under the Constitution.

Pranesh Prakash, policy director with Bangalore-based Centre for Internet and Society, said that the Google report was a damning indictment of the country’s government exceeding its constitutional bounds by demanding removal of material for defamation, government criticism, etc., without a valid court order. "There are no laws in our country that allows the executive or the police to remove such material without a court order."

Substantial spike

In all, 33 countries figure in the report. There was a substantial spike when compared to previous reports with respect to the number of requests from various governments to pull down content.

"In the first half of 2012, there were 20,938 inquiries from government entities around the world. Those requests were for information about 36,614 accounts,” wrote Dorothy Chou, Google’s senior policy analyst, on the Official Google Blog while presenting the report. “The number of government requests to remove content from our services was largely flat from 2009 to 2011. But it’s spiked in this reporting period. In the first half of 2012, there were 1,791 requests from government officials around the world to remove 17,746 pieces of content."

Google is leading the cause for voluntary disclosure of the interactions it has with the governments. Other web services that put out similar transparency reports include micro-blogging site Twitter; cloud storage service Dropbox; and social networking site Linkedin.

Mr. Prakash said it was not enough if just the web services put out such reports. "The telecom service providers must voluntarily come out with such information," he added.

"There is a dearth of public information about the amount of legal interception and surveillance. This does not bode well in a democratic polity."

For more details visit http://editors.cis-india.org/news/the-hindu-sci-tech-internet-karthik-subramanian-nov-14-2012-india-second-in-requesting-user-info-google

India second in keeping tabs on netizens

praskrishna — 2012-11-15T09:04:01Z

India ranks second globally in accessing private details of its citizens, next only to the US, if the latest data from Google is to be believed.

The article by Ishan Srivastava was published in the Times of India on November 15, 2012, Pranesh Prakash is quoted.

The transparency report by the internet search giant lists out requests it received from governments across the world to access information on the users of its various services.

In the first six months of 2012, India made 2,319 requests involving 3,467 users. In comparison, the US made 7,969 requests in the same period and Brazil, which comes third, sent 1,566 requests. Globally, there were 20,938 requests for user data during the January-June period. The data can include your complete Gmail account, chat logs, Orkut profile and search terms among others. These reports are prepared by Google every six months, and were started in July-December 2009.

The requests for user data from India doubled from 1,061 in July-December 2009 to 2,207 in July-December 2011.

"Though India is a large country with a significant number of internet users, this data is nonetheless an indicator of growing surveillance," said Pranesh Prakash, policy director at Centre for Internet and Society (CIS), a Bangalore-based organization looking at issues of public accountability, internet freedom and openness.

"India lacks a general privacy law that helps set guidelines for such user requests, despite privacy being a constitutional right as part of the right to life," said Prakash.

India also actively sends requests to take down content which it deems defamatory and against national security. While the number of court orders for taking down web content has remained almost stagnant over the years, there has been a rise in the number of requests by the executive and police. Between January and June this year, there were 20 court orders and 64 requests from executive/police that resulted in 596 items being taken down from the web. In comparison, there were only eight court orders and 22 executive/police requests in January-June 2010, resulting in 125 items being taken down.

"The government does not always specify the reason for which they want access. They just want access, what they do with the information is not known to us," said a legal adviser to an MNC. "These requests come with a threat to our continued operation in India."

Falsified court orders are also being employed to seek removal of content. Three such court orders were sent to Google "that demanded the removal of blog posts and entire blogs for alleged defamation." One order was said have been issued by a local court in Andheri, Mumbai while the other two by the Delhi high court. But all the three were found to be fake.

Google says a single court order was responsible for removal of 360 items this year as they "contained adult videos that allegedly violated an individual's personal privacy." While such orders have a positive impact like curbing pornography and violent content, governments at every level have also tried to use these requests to take down unfavourable content or criticism.

In January-June 2011 period, Google received "requests from state and local law enforcement agencies to remove YouTube videos that displayed protests against social leaders or used offensive language in reference to religious leaders". Google rejected a majority of these requests. It also received a request from a law enforcement agency to remove 236 communities and profiles from Orkut that were critical of a local politician. Google did not remove them either.

"Prior to 2009, government had limited powers of interception. However, after 26/11 they gave themselves huge powers to block and monitor content," said Supreme Court lawyer Pavan Duggal. "Data privacy is non-existent in India." He said that the A P Shah Committee, which was formed to recommend principles for a privacy law, has submitted its report to the Planning Commission and now it is up to the government to take it to the next stage.

Both Prakash and Duggal said that technology companies in India, including telecom players, should come out with similar transparency reports as Google. A report by international watchdog Privacy International says that Bharti Airtel, in its 2010-2011 annual report, said it had received 422 appreciation letters from law enforcement agencies for assistance in lawful interceptions. "The Indian IT Act requires electronic audit by firms but the law is silent on how this audit is filed," said Duggal.

Globally, Dropbox, LinkedIn, Sonic.net and Twitter release transparency reports apart from Google.

For more details visit http://editors.cis-india.org/news/times-of-india-india-times-tech-tech-news-internet-ishan-srivastava-nov-15-2012-india-second-in-keeping-tabs-on-netizens

Board and Society Members

praskrishna — 2024-06-26T08:11:38Z

The Centre for Internet and Society was established in 2008 with Sunil Abraham, Nishant Shah, Achal Prabhala, Lawrence Liang, Atul Ramachandra, Subbiah Arunachalam, and Vibodh Parthasarathi as the founding Society members; and Sunil Abraham, Achal Prabhala, Lawrence Liang, and Atul Ramachandra as the founding Board members. Please find below the lists of the members who have served on the CIS Society and Board since. The information in this page reflects the membership status, of Society and Board, as of March 31, 2024.

Members of Board and Society during 2023-24

Members of Board and Society during 2022-23

Members of Board and Society during 2021-22

Members of Board and Society during 2020-21

Members of Board and Society during 2019-20

Members of Board and Society during 2018-19

Members of Board and Society during 2017-18

Members of Board and Society during 2016-17

Members of Board and Society during 2015-16

Members of Board and Society during 2014-15

Members of Board and Society during 2013-14

Members of Board and Society during 2012-13

Members of Board and Society during 2011-12

Members of Board and Society during 2010-11

Members of Board and Society during 2009-10

Members of Board and Society during 2008-09