Centre for Internet and Society

Banning cabs is easier said than done

praskrishna — 2014-12-15T01:35:52Z

The Karnataka government is going by the book. On Thursday, it duly followed the Centre's orders to ban Uber and other unregistered app-based car sharing service. But the moot question is: can such a ban work? For, all of Thursday, Uber and TaxiForSure apps were working and booking rides despite the directive.

The article by Aparajitha Ray was published in the Times of India on December 12, 2014. Sunil Abraham gave his inputs.

There are 12 aggregators having tens of thousands of cabs plying on city roads. Uber cars have no stickers on them to make them visible for enforcers of the ban. But the government says the ban will stay and will be lifted only when aggregators register themselves. Transport commissioner Rame Gowda said, "The implementation begins in right earnest. If we find any cab plying under the banner of any of the banned cab services, the cabbie will lose his licence for another four months or so and his permits will be cancelled. Also, there are 25 other permit conditions, which will be tallied by our motor vehicle inspectors and accordingly, the fine will be levied."

An enforcement official told TOI, "The problem is to find whether a cab is working for Uber or not because the cars don't have any stickers. Today, we picked cabs at random points in the city and found many violators. There is no deadline but the enforcement will continue. On the first day, I had about 10 RTO officers and some motor vehicle inspectors with me for the enforcement drive but the times ahead are going to be tough for us too."

The department is facing shortage of motor vehicle inspectors. In all, there are 83 motor vehicle inspectors and 11 RTO officials to undertake the massive enforcement drives across the city for schoolbuses, two-door regulation for long-distance buses and now the cabs. Legal tangles over recruitment of motor vehicle inspectors have restrained them from adding staff. Across the state, there are 1,839 motor vehicle inspectors across the state and there are 888 vacancies. The other challenge is how to stop booking of rides if the apps are functional and citizens who are satisfied with the services continue to book their ride through the app. There are many cabbies who work for more than one company and most of them have no branding on the vehicles, which is going to puzzle the officials even more.

It's not easy to ban in a virtual world, say net experts. "Banning is not a solution. But the government can simply issue a block order and force the internet service providers to pull out the apps and also make them delete the apps downloaded on phones of the users of their platform. But services like Uber are a cloud service and a shared infrastructure. So there could be collateral damage to companies whose infrastructure they use. There can be many other websites also which will not be available to the users," said Sunil Abraham, executive director of the Centre for Internet and Society in Bengaluru.

For more details visit http://editors.cis-india.org/internet-governance/news/times-of-india-december-12-2014-aparajitha-ray-banning-cabs-is-easier-said-than-done

Tulu Wikipedia Presentation: Coverage in Kannada Prabha

praskrishna — 2014-12-27T14:46:59Z

Dr. U.B. Pavanaja made a presentation on Tulu Wikipedia at a workshop held in Mangalore on December 14, 2014. This was covered by Kannada Prabha.

For more details visit http://editors.cis-india.org/openness/news/kannada-prabha-december-14-2014-tulu-wikipedia-presentation

When technology is able but the mindset is not

praskrishna — 2014-12-14T06:01:06Z

There are enough digital products and services to help people with disabilities. Widespread ignorance stands between them and digital inclusion.

The story by Geetanjali Minhas appeared in December 1-15, 2014, issue.

Twenty-four-year-old Bhavesh Patel moves around giving a demonstration of the screen reader Dolphin Supernova in such a sure-footed manner that no one can imagine he is totally blind. The device has a voiceover function that can be used on iPhone.

Not just that, Patel travels every day from his home in Vikhroli to his office in Goregaon, changing buses and trains with minimal assistance.

Patel’s colleague, Debashish, who is autistic, and no less capable, is known for his immaculate spellings within the company.

Team leader Priti Rohra, despite low vision, skillfully heads the testing team for websites and meticulously ensures that guidelines for the disabled are adhered to. Rohra works on policies and research and has prepared many reports for BarrierBreak, a company where 75 percent of the staff has disabilities like autism, inhibited vision and impaired hearing. Its unique competitive advantage has allowed the company to help develop niche products and services for converting textbooks into more disabled-friendly formats like digital talking books (Epub Conversion). Till now, it has produced 1.5 million pages of disabled-friendly textbooks.

“When the government provides technology to its own employees it is enhancing their productivity,” says Shilpi Kapoor, founder-director of BarrierBreak and a member of the Nasscom Disability Advisory Group. “The fundamental difference here is that internationally, disability inclusion is a mandate, whereas in India it is considered charity and therefore a challenge. As a result many disabled are denied jobs as per their calibre and given salaries as doles.”

The priority given to policies for development of disabled-friendly information technology tools and services has been relatively low in India. Usually, it stems from an inaccurate understanding that the development of such tools and services will cost more money, and there will be no opportunity to recover it from the market.

A critical component of digital inclusion is to make websites and applications disabled-friendly. Most websites are not compliant with international guidelines on disabled-friendly requirements. Developers, officials and policy makers give disability accessibility a cold shoulder, retrofitting it into existing policies and processes as an after-thought.

An attitudinal shift might come if the new national policy on universal electronic accessibility (NPUEA) notified by DeitY is implemented, resulting in nearly 7,000 government websites becoming accessible to the disabled, especially visually impaired.

Various reports, including a 2012 survey by the Centre for Internet and Society (CIS), found that almost 25 percent of 7,800 government websites failed to open and the remaining had accessibility barriers. The web accessibility survey report of Indian government websites by the national centre for promotion of employment for disabled people (NCPEDP) in 2012 too revealed that of the 200 government websites tested, only two were found to be disabled-friendly. “Disability is a major social issue that India is grappling with. It needs to be addressed through not just policy, but also through assistive technology solutions,” says Prakash Kumar, CEO, Goods and Services Tax Network.

CIS executive director Sunil Abraham, who was on the committee that formulated the NPUEA, says besides non-confirmation of websites to international norms, there are many technical hurdles. Text-to-speech and speech-to-text software, mature optical character recognition systems, speech and grammar check and machine translation are some of the features that are still not available for most Indian languages, he adds. “Many government websites use font encoding for Indian languages which results in the failure of text-to-speech technologies.”

DeitY, under the ministry of communication and information technology, is supporting some technology interventions for the disabled, across different Indian languages. This also includes text-to-speech tools. “Mobile phone manufacturers should also provide in-built tools to cater to the needs of disabled people,” points out Ajay Kumar, joint secretary, DeitY. Emphasising a strong legal framework for implementation of the policy, Kumar adds that though the new policy promotes disability inclusion, the information technology ministry does not have the legal backing to enforce it. “The ministry of social justice and empowerment is creating a legal framework for the bill that is under consideration by the concerned committee to mandate some of these things, including technology assistance for the disabled,” he adds.

Abraham says besides ensuring that websites and services are accessible to the disabled, the new policy must be updated to include a mandate that all parties providing essential services to the general public must comply with accessibility standards. “Manufacturers of ICT products should provide at least one accessible model of their products within each price range that they are operating within,” he says.

Sam Taraporevala, associate professor and head of sociology department, St. Xavier’s College, Mumbai and the director of Xavier’s resource centre for the visually challenged, says with the government accepting a policy that IT tools should follow accessibility standards, it is now a question of monitoring, and, perhaps, even judicial activism. Nirmita Narasimhan, policy director, CIS, who works closely with various government departments to bring accessibility into their policies and programmes, concurs. “There must be accountability and a monitoring mechanism to check whether websites are disability compliant,” she says.

Maharashtra is the only state to make it compulsory for every department to have a scheme for procuring disability access products. Yet, compliance remains a problem. “Despite the government holding awareness camps at various districts, barriers are created for accessing government schemes. Resistance on part of government agencies to give out equipment to disabled people and lack of awareness among people about the availability of such facilities are the other stumbling blocks. Yet, there are ways for getting these products,” says Kapoor.

Experts say the needs and requirements of the disabled vary according to their disability and affordability of tools. Also, low income levels of many disabled people is a dissuading factor toprocuring equipment. “Most available tools and technologies are proprietary and, hence, costly and we are not able to scale them up in a big way,” says Kumar.

Taraporevala, born with 100% visual impairment, was instrumental in getting the guidelines for opening and operating demat accounts for visually impaired persons implemented. He also says mainstream consumer product companies are moving into touchscreen modes in mobile phones forgetting a large chunk of disabled population. “While the standards are there, implementation suffers due to lack of awareness which, in turn, leads to less demand,” he says.

The way forward
Governance Now also asked experts if corporate social responsibility (CSR) towards disability inclusion could address challenges in recruitment of disabled persons. “Instead of a hammer approach, a care approach has to be adopted,” says Rita Soni, CEO, Nasscom Foundation. According to Kumar, “Absence of commercial interest in promoting disability accessibility products has afflicted the sector with neglect.” However, Kapoor says, “This has to be an equal opportunity business. There will be differential costs, but at the same time the total number of disabled people in India is close to 70 million and a billion world over. How can you not treat them like a client?”

Speaking of the revised CSR rules under the Companies Act, Soni adds, “You can support skilling of persons with disabilities that has nothing to do with your business and have it considered as CSR expenditure. But if you make your office building or internet accessible, it does not count. Creating incentives around disability will make us a more inclusive society and make disability more amenable to office environment.”

Maharashtra IT secretary Rajesh Aggarwal adds, except for the metro, none of our public transport systems are disabled-friendly. As per national building code of India, while giving permissions for public buildings there must be a checklist to ensure that buildings and toilets are wheelchair and blind-friendly. Similarly, hotels must have few rooms which are disabled-friendly.” This awareness has not yet set in,” he says.

The Asia-Pacific region study of UNESCO global report 2013 has said many countries in the developing world are struggling to attain their millennium development goals of providing universal primary education to all by 2015. Our education system, on the other hand, has serious flaws. “We do not teach professionals about assistive technologies and for that reason an eye doctor does not know about low vision aids or a speech therapist does not know how to use communication devices,” says Kapoor.

Taraporevala is of the view that universal (architectural) design needs to be actively woven into every design curriculum across the spectrum, instead of being an optional subject. Physical infrastructure, building standards, for instance, need to reflect this and there needs to be active lobbying to ensure that certificates for public places are not given if they lack certain standards.

For more details visit http://editors.cis-india.org/accessibility/news/governance-now-december-1-2014-geetanjali-minhas-when-technology-is-able-but-mindset-is-not

Tulu Wikipedia gets some push

praskrishna — 2014-12-27T15:20:04Z

Tulu Wikipedia, which was launched in 2007, is still in incubation stage, according to UB Pavanaja, Programme Officer at the Bengaluru-based Centre for Internet and Society.

The article was published in the Hindu Businessline on December 13, 2014

Speaking at a technical session on ‘Tulu in technology’ as part of Global Tulu Festival in Mangaluru on Saturday, he said that now some push has been given for reviving Tulu Wikipedia.

Workshops on Tulu Wikipedia were conducted in March, April and November this year. The number of Tulu articles in Wikipedia was 135 in January 2014. It has increased to around 750 now, he said.

Referring to the lack of encyclopaedic knowledge in Tulu language, he said there is a need to give push for creating encyclopaedic knowledge in Tulu in such a situation.

Steps should be taken to contribute entries for Tulu Wikipedia regularly to keep it live. Those who work for Tulu Wikipedia should meet regularly to discuss future course of action.

He said that Wikipedia entries in Tulu language can be made under the URL http://bitly.com/tuluwiki

A live Tulu Wikipedia will help bring pressure on the Government to include Tulu in the Eighth Schedule of the India Constitution, he said.

Tulu-speaking people can request for including the Tulu script in Unicode, if there is a live Tulu Wikipedia, he added.

It may be mentioned here that works in Tulu language are prominently written in Kannada script, as Tulu script has not gained acceptability.

For more details visit http://editors.cis-india.org/openness/news/hindu-businessline-december-13-2014-tulu-wikipedia-gets-some-push

SCCR 29 Libraries, Archives and Public Interest NGOs in Q&A with Dr. Crews

praskrishna — 2014-12-27T16:54:58Z

While the many publishers representatives took the floor to explain that there are truly no problems with limitations and exceptions for libraries and archives (and anyway according to them if there are problems that can be solved with licenses), libraries & archives as well as public interest groups make their case: the committee must continue its work on limitations and exceptions for libraries and archives and find solutions.

This blog entry was published on the website of Knowledge Ecology International on December 11, 2014.

Here are excerpts from some of the interventions:

Hasmik Galstyan, Yerevan, Armenia speaking for the Electronic Information for LIbraries (eIFL.net):

>> EIFL: I'm speaking on behalf of the electronic information for libraries and that works with libraries and library con sort Sha in more than 60 developing and transition economy countries. We thank the Secretariat for commissioning the updated study that provided a comprehensive overview in the IP law. We thank professor crews for his clear presentation.
The report contains positives and negatives from our Point of View. The positives include the fact that law makers are to some degree responding to the need for legal change and a small number of countries have over the last six years created new exceptions especially with regard to digital services. These changes are to be commended. On the other hand, it is discouraging that 18% of countries including five EIFL partner countries have new exceptions for libraries and over one-third located almost totally in the developing world still do not have an exception allowing libraries to make copies of their works for the users. The trend regarding digital library services doesn't look good. Even for states that introduce amendment 2008 digital is barred in 50% in some cases for preservation and it states with anti-circumvention protection while some have applied library exceptions as mentioned by professor crews half of the countries have provided no library exceptions. So while a small number of countries are moving ahead and reforming their copyright laws the digital divide is being perpetuated at a time when libraries everywhere are adopting new technologies and Developing Countries are rapidly moving to mobile. My question is how can the situation be addressed. How can WIPO as an UN agency with a commitment to work with Developing Countries to enhance their participation in the global innovation economy most effectively support countries to be at the forefront of digital developments. To ensure that our libraries that are working hard to support education and development are not operating with one hand tied behind our backs.

My second question is considering that between 2008 and 2014 only a handful of countries have been implemented made changes benefitting libraries and their users and imagining that the current rate of support for a change stays the same, how long do you think it will take before all WIPO Member States have exceptions good enough to support library activities in the Digital Age? And the last question, please. Libraries collections contain materials of unique cultural and historical significance to people in other countries to the national border changes shared languages and a host of other reasons. In addition collaboration among researchers today is international. Therefore libraries increasingly need to send and receive information across borders. In our examination of copyright laws how do they accommodate or not these activities? Thank you very much.

The libraries representatives were echoed by archives representatives. William Maher, University of Illinois at Urbana-Champaign, representing the Society of America Archivists.

Thank you for producing a study that brings such clarity to the quite confusing maze of the laws that librarians and archivists must work with. Archives has been mentioned a lot over the past couple of days but I am only the second archivist to be addressing this issue at SCCR. Archivists know that the general populations does not understand what archives are and how and why we do what we do. However, it seems reasonable that those who draft copyright laws should understand that archives are fundamentally about the unpublished legacy of humankind. Yet, when looking at the 70 or so countries in the 2014 study, archives are seriously overlooked–Despite whatever minimal improvement for libraries, archives have been left out of 53% of the exceptions for preservation and 72 % of the exceptions for copying for research. Is this absence of provisions also reflected in the fact that the laws lack definitions of archives? Can this oversight be read as meaning that archives do not matter to the nations copyright system, or does it mean that copyright should not matter to archives?
>> KENNETH CREWS: Well, thank you very much. Yes, I think you have also heard me speak very strongly about the distinct interests of archives and maybe I should say even more important the distinct interests of our citizens in archives and in the works that they are -- the work that they are doing. And their ability to use these copyright provisions for the benefit of the country and of its citizens. I certainly can't emphasize that enough. So I -- I'm not going to read in to the lack of reference to archives. The kind of meaning that you are asking about. But instead I think we can certainly say that it makes you wonder if archives have been recognized by the drafters of many of these statutes and if in the case of following through on the example of the models influencing domestic law it really is have archives come to the attention of the individuals who have been responsible for developing some of the models. So I believe very strongly that the future statutes in individual countries and the drafting of different kinds of instruments or models that may come from WIPO or any other organization need to encompass archives. And the -- because the preservation and research access and other kinds of beneficial uses of archival material goes directly to the preservation of the culture and the history of our countries and our people. And it is vital that we be able to do that and keep archives at the table. And I thank you very much for being here.

Another stakeholder, Nehaa Chaudhari, Lawyer, Programme Officer at the Centre for Internet and Society questioned Dr. Crews on provisions regarding digital works:

CIS: Thank you Madame Chair. Thank you very much professor crews for your presentation yesterday and this comprehensive study on libraries and archives. Very timely and very important to us from the [...] access to knowledge and information most critically.
I have two questions. My first question: did you find in your examination that in terms of or on the question of limitations and exceptions did you find that there was an equal or equitable treatment of digital resources in comparison to resources available in more traditional formats? And if not, where do you think that are lever of change lies to ensure that fair use of fair dealing provisions are extended e equitably to the digital environment as well.

My second question is on the interoperability of limitations and exceptions. Given that copyright is a very national thing and as your study has also well established countries have a whole range of veridy veers approaches and practices on limitations and exceptions. But also given the fact that we live in an increasingly globalized world we need a system that is interoperable with respect to the transboundary movement of works with as little fiction as possible. Again both in the physical as well as in the digital environments. So what did your examination show of how interoperable or not the range of limitations and exceptions actually have. Those are my two questions. Thank you very much.

> KENNETH CREWS: Thank you very much. On the second question, I'm afraid I might mind myself only repeating some of the concepts that have already said about transborder and really about in the statutes anyway, a lack of recognition of transborder. And the transborder concept, so I will add this piece to the conversation, the transborder concept seldom if ever appears in these library exceptions to the extent that we are going to find it in copyright law or some other part of a national law it may very well be over in the import/export kind -- area of the law. But that also goes to the interoperability which think we have answered a few times just this sort -- the lack of exact harmonization and as others have reminded me I have said before that I may not be a fan of exact precise harmonization and indeed it may not be possible or even desirable. But some degree of harmonization can help with that interoperability. Interesting question, you do -- you did raise a new point about digital. We have talked several times in this conversation about use of digital technologies in the exercise of the rights of use under the exception. However what I think you were asking about is the ability to apply the exception to works that are digital in the first place that are what we call born digital and that's a very interesting question. The statutes do not address that. Sometimes you will see a statute that refers to -- that says it applies to all these different kinds of works but not computer software. That tells you somebody was thinking it shouldn't apply to software but somehow software is different and there are problems with that. We know that software has changed and been incorporated in to many different works. But we generally see a statute almost always see a statute that's about books or archival materials or some other kind of work without specifying the technology. So can it apply to an e-book in addition to the paper book? The statutes don't go there. They don't sort that out.

So in my common law tradition I look at that and see that as a question for interpretation. In
a civil code system I might look at it and see it a little bit more firmly for lack of a better word
about what the scope of that word book, for example, really means. Really good question. And it is one that the statutes have not picked up on. Thank you very much.

Finally, the TransAtlantic Consumer Dialogue (TACD) representative David Hammerstein made the following political and philosophical intervention:

Thank you very much. Thank you Mr. Crews for your presentation. I would like to say a few general words. Internet and the digital obviously is global. Copyright laws are national. Economic power is global. Politics is national. This is very relevant to our discussion.
And other relevant factor is that copyright law and the idea of exceptions and limitations are very complicated. It is for small circles of specialists usually and when these things come out in to the open to the greater public opinion things change radically. I can only remind peep of this room for the debate on ACTA or the debate for SOPA and PIPA in the United States. When these issues come out of the closet things are seen in a very, very different light. The opinion of copyright specialist especially where I know in the European Union and totally different with the opinions of the general public. And the general public the vast majority are frustrated by copyright law because social reality that applies de facto and I am not talking about piracy, I am talking about de facto flexibilities and exceptions and limitations are very, very far from the legal reality of the copyright. The vast majority of Europeans would like to have a harmonized and mandatory exceptions and limitations that we are speaking about, whether it be more text and data mining, whether it be for libraries whether it be cross-border, whether it be preservation of cultural heritage, they would like that. Now the opinions of the often of political structures are captured by certain experts and very special groups that are interested in what they want. Especially the European Union is at a cross roads and we can see it politically because around a year ago the European Union launched a process called lnss for Europe where some of the ideas presented by some of the industry people were brought up memorandums of understanding and that the solution to exceptions and limitations for these issues could be found in voluntary measures between stakeholders. This was a failure. This was a terrible failure. We had letters many many many Nobel Prize winners who are asking tore a legal exceptions and limitations for text and data mining for other scientific research and we think that many orphan works legislation does not go far enough. Et cetera, et cetera, self generated user content. How can that Democratic debate take place and these cross roads can be made a positively by real decisions. And I think those real decisions have to be deal with the public dough minute yon, what is public knowledge and things about the commons, we are talking about the knowledge commons here need to have a democratic debate and need to have democratic management. Now this could be done by very delayed mediation to end up in the hands of a few copyright experts that are very close to very narrow industry that I think is defending outdated models or we could open a democratic debate where exceptions and limitations for libraries and archives for preservation for scientific limitation would be beyond borders. Even inside the European Union today it is almost hard to imagine there to be harmonization in the internal market. And the people making money prefer a fragmented market even though European site sents want a harmonized market for these things. My question is impossible question. I am sorry to put you on spot of how to open up the door, how to bring this issue out of the closet and how to involve millions of people who really want that change. Thank you very much

For more details visit http://editors.cis-india.org/a2k/news/knowledge-ecology-international-sccr-29-december-11-2014-libraries-archives-public-interest-ngos-q-a-with-dr-crews

FrndiNeed; an app for passengers' safety

praskrishna — 2014-12-27T17:05:38Z

The article by Athira A. Nair was published in the Economic Times on December 10, 2014. Sunil Abraham gave his inputs.

Even as the nation recovers from the shock of an Uber passenger being raped by her cabbie, there is a new app that has repackaged itself to "get back the lost trust and security for the daily commuter". FrndiNeed, a socially-enabled app, which utilizes the user's geo-location, connects the user with friends in the vicinity and requests them for a lift. The app, a variant of those that poke friends for instant meet-ups, has an SOS tab for emergency.

Kunal Kishore, the Delhi-based co-founder of FrndiNeed, said the app was originally meant to catch up with friends who were within a 2-5 km radius."However, when we developed the app in August, we thought of such (women's security) situations also," he told ET.

Newer app developers are looking at preventing a crisis and creating safer situations for women rather than just providing panic buttons. Delhi-based group Socialcops collects data from civilians and authorities to find the safest and fastest routes for users. This app tells the police about the routes which need attention. Prukalpa Shankar, co-founder, said: "We are launching the SocialCops application in Kar nataka through the new Mobile One governance platform."

Jasmeen Patheja, founder of the Blank Noise Project, said apps should be part of a larger system connecting the woman with the neighbourhood, the police and family, and not something that creates panic. "The Circleof6 app created primarily in the US scenario where daterapes are rampant, puts the user in touch with six friends the minute she begins to feel uncomfortable on a date," she said.Jasmeen has not come across a case in which an app has helped a woman in an emergency .

The police is tweaking its app to connect women in trouble to the police. Their six-month-old `DCP SahAya' app will incorporate a facility which will alert the police control room or the local police station, revealed Rohini Katoch Sepat, DCP Bengaluru South-East.

Sunil Abraham, the executive director of the Centre for Internet and Society, believes that while certain mobile apps could provide a degree of safety, it would be naive to think that technology will be the solution."How many people do you trust to help you at any time of night? For women, whose emergency contacts are their parents, it would be difficult to alert them on a date night. Also, in the most pessimistic scenario, the mobile signal could be dead, and you may not be able to give an alert at all."

Jessie Paul, CEO of Paul Writer Strategic Advisory, felt that although IT is an enabler and apps are a step in the right direction, they were not preventive.

"To some extent, I believe these are superficial. We should have a centralized database for crime which will make it difficult for criminals to escape and rehabilitate in other parts of the country ," he said.

For more details visit http://editors.cis-india.org/internet-governance/news/economic-times-december-10-2014-athira-a-nair-frndineed-an-app-for-passenger-safety

The Broadcasting Treaty: A Solution in Search of a Problem?

praskrishna — 2015-01-09T02:31:55Z

Nehaa Chaudhari was one of the speakers at this side event held on December 10, 2014.

See the details on Knowledge Ecology International website.

On Wednesday, 10 December 2014, Knowledge Ecology International (KEI) will convene a side event entitled, "The Broadcasting Treaty: A Solution in Search of a Problem?"; the event will take place in Room B of the World Intellectual Property Organization (WIPO) from 13:30 to 15:00. Speakers include: Nehaa Chaudhari, (Programme Officer at Centre for Internet and Society, New Delhi/Banglaore), Jeremy Malcolm, (Senior Global Policy Analyst, Electronic Frontier Foundation), James Love, (Director, KEI) and Viviana Munoz Kieffer, (Coordinator, Innovation and Access to Knowledge Programme, South Centre).

Background

Since its first SCCR (Nov 2-10, 1998) WIPO and member states have been asked to resolve the requests for new legal protections for broadcasting organizations. All participants to the SCCR were asked then "to submit, by the end of March 1999, proposals and/or views in treaty language or in other form."

Since then the rights of broadcasting organizations have been on the agenda. While the committee is still trying to identify precisely the problems Broadcasters' rights (or right?)to be solved (piracy in its broadest definition?), the proposal for a new international norm setting may create a new layer of post fixation rights in content that broadcasters do not create, license nor own.

The demandeurs i.e. some of the broadcasting organizations representatives and some member states are listing endless rights such as transmission, retransmission or deferred transmission whether simultaneous or near simultaneous on demand of a broadcast signal to the public, as well as transmission over the internet. Most of these rights exist in some form or another in most WIPO member states. However, for many SCCR participants, if the committee truly wants to move forward on this new norm setting exercise it must focus on a narrow treaty based on a single right corresponding to the core need of broadcasting organizations for protection from signal piracy.

After 15 years of negotiations, formal and informal, text based or not, it is time to answer some of the following questions:

Would adding a new layer of rights over content on the internet be consistent with the committee's mandate to limit protection to the broadcaster's signal?

Would the new international right (or rights) have an impact on consumers and creative communities globally?

Would the new instrument have the necessary exceptions for quotations or news of the day?

Would the extension of the rights under discussion to cable television (and services which already require subscriber fees) create a redundant layer of protection to services already protected under other legal regimes and thus be anticompetitive?

Would the protection of over the air broadcast signal be sufficient for broadcasters? If not why not?

Download the transcript here

For more details visit http://editors.cis-india.org/a2k/news/kei-10-december-2014-the-broadcasting-treaty-a-solution-in-search-of-a-problem

AdaCamp Bangalore: "Nothing could be more open and encouraging than this"

praskrishna — 2015-02-12T01:53:43Z

I can say this conference was the most truly touched feminist endeavor I have ever witnessed or thought of. An inspiration to last through. — Rupali Talwatkar.

Rohini Lakshané delivered a session on digital security. For more info see the details on Ada Initiative website

Session on Imposter Syndrome:

Impostor syndrome is a common reaction to doing publicly visible and publicly criticised work like that done in open technology and culture. Impostor Syndrome is the feeling that you aren't actually qualified for the work you are doing and will be discovered as a fraud. It is prevalent among women in open tech/culture, many of whom have been socialised to value other's opinion of their work above their own, and to do things "by the book."
http://adainitiative.org/what-we-do/impostor-syndrome-training/

Session on Open Street Maps:
https://etherpad.wikimedia.org/p/yAxa2Kwkfm

For more details visit http://editors.cis-india.org/openness/news/ada-camp-bangalore

SCCR 29: Public Interest Organizations Statements regarding the Broadcasting Treaty

praskrishna — 2014-12-27T16:44:18Z

Also presented during the afternoon plenary, here are 3 statements by public interest organizations, the TACD, EFF and CIS:

The article was published in Knowledge Ecology International on December 9, 2014.

TACD: Thank you very much the transAtlantic consumer dialogue is concerned that the discussion on this treaty whereas in the past due to the lack of definitions we called it an unidentified flying object, now, as the definitions get a bit clearer, we feel it's becoming a more identified flying object in the air as a transmission and precisely because it's becoming identified some of these definitions we consider are concerning us and we are worried about these definitions because we think these definitions and these protections of rights could mean a threat to access to culture, a threat even to freedom of speech, and a threat to the public domain. And we are talking about a public domain, about public broadcasting signals.
And we think these threats are coming from a scope that is much broader than is recommendable. It is a scope that could take into account a lot of the digital rights that millions of young people around the world are fighting for and defending. And I think this sensitivity of digital rights of mixing, of the type of things that go on every day millions of times on the Internet should not be threatened by this treaty. So how can we avoid that? We could avoid that by avoiding any post fixation rights.

We could avoid it by a very narrow definition of simultaneous or near simultaneous traditional broadcasting signals to the public in the air. We could -- broadcasting should mean, similar to the Rome Convention, the transmission by wireless over the air means for public reception of sounds, of images and of words.
As well, what is a signal? What is a signal? A signal obviously could not just mean everything. A signal means an electronically generated carrier over the air with sounds and images, and what we really need, what we really need is to narrow down the scope to a point where we don't see this as something that can be a threat to the creativity, innovation, new business models at a time when we know that the new business models need that flexibility, what we don't need is yet another layer of bureaucratic costly rights that will be burdensome for the future of the Internet.

So for that reason, for consumers, for Internet users, for culture, for new innovation, we would like really to call for this very narrow definition of the scope. Thank you very much.

The call for a narrow based possible treaty was echoed by EFF https://www.eff.org/deeplinks/2014/12/danger-post-fixation-rights-wipo-b...

>> Electronic frontier foundation: This year marks the tenth anniversary of EFF discussions over the WIPO treaty for broadcasting organisations. And during that time our position has been constant that any such treating should be limited to addressing the unauthorized simultaneous and near simultaneous retransmission of traditional broadcast untiles to the public without assigning new exclusive rights in the content of those signals. We also note it would be possible to include a right to prohibit the transmission of prebroadcast signals within a snail based approach and without assigning any new exclusive rights. Although this has been [decided?] in the past when WIPO dwed at the 2007 assembly to follow a signal based approach. Current discussions on post fixation rights have backtracked from this commitment and it's that more than anything else that has led these negotiations to become more protracted.
Creating new exclusive rights in post broadcast fixations would impede access to public domain material and material over which copyright limitations and exceptions may apply. This is because some material may not be readily available other than from broadcasts such as in the case of broadcast of sport or use events. It would impede the use of technological innovations that add val you to broadcast. Especially if it curtailed the use of circumvention devices this could affects digital media players and new innovations we can't even envision yet especially those running on free and open source marredware and software. So EFF urges WIPO members to be disciplined in their add harns to a narrow signal based approach as we see this as the only way that a treaty for broadcasting ors organisations can be conclude in 2015 or at all. Thank you.

The CIS made a technical analysis of the "charts" that cannot (yet) be provided to the public also here: http://cis-india.org/a2k/blogs/wipo-sccr-29-cis-intervention-on-proposed...

> CIS: Thank you, Mr. Chair. This intervention will be based on your chart detailing the concepts corresponding to the various definitions we are discussing here today. We believe that there are certain elements to these concepts that are inconsistent with the broadcast treaty based on a signals based approach and over the course of the next few minutes, I would like to briefly discuss these.
First, Mr. Chair, in the first column, and broadcasting or cable casting organisation in the traditional sense where communication of the signal has been listed under the scope of responsibility. Mr. Chair, as we have submitted in other statements before this community, before this committee, communication itself we believe is a concept that is an element of copyright, and it's distinction broadcast rights char related rights. A signal, Mr. Chair, we, therefore, believe could be broadcast or transmitted and accordingly under the element that deals with the scope of responsibility, we are of the money opinion that it should read broadcast or transmission of the signal and not communication of the signal, and the focus should not be communication to the public.

A concept that's also been discussed in certain alternatives to the definitions under Article 5 which accordingly we would loss not favor. Second, Mr. Chair, in the second column in broadcasting and cable casting transmission, we have three observations. Fist, under the means of transmission, we believe the transmission over computer networks is wide enough to encompass IP based tran missions and, therefore, should be excluded in order for the treaty to be consistent with the signals based approach.

Second, on the reception of the broadcast or cable cast prance mission, we believe that it should be qualified using the phrase general public. We are of the opinion that there is a danger that a limited public, say, family members, could be covered under the term public but would be excluded from the term general puck public which in any case is the targeted audience of a broadcast. Third, Mr. Chair, on whether the transmission would be encrypted or not, which also flows into the thought column on the signal, and whether the signal itself is encrypted or not, encrypted or not.

And which would also then relate to whether broadcasting organisations will have the right to prevent unauthorized decription. Mr. Chair, we don't think there should be a separate right to prevent unauthorized decription. Given that signal theft is a crime, having a spect decription might result in an absurdity where it would cover decrypting and unauthorized retransmission without authorization from the retransmitter where the transmission by the retransmitter was illegal to begin with.

Finally, Mr. Chair, in the third column and on the meaning of the signal, we submit that our preferred definition would be one where the definition of a signal is confined, and is understood as an electronically generated carrier transmitting a broadcast or a cable cast and not one which has the capability of such transmission as has been stated in your third chart.

For more details visit http://editors.cis-india.org/a2k/news/knowledge-ecology-international-sccr-29-public-interest-organizations-statements-regarding-the-broadcasting-treaty

Are Cab Apps safe?

praskrishna — 2014-12-27T17:01:39Z

Cab services are increasingly relying on mobile apps to book, track and charge you for journeys. While tech watchers say there is a digital trail.

Originally published by IBNLive on December 8, 2014. Sunil Abraham gave his inputs.

"You can always share your location, the app has a feature for you to share your location through the way to whoever is waiting at the other end," said Aprameya Radhakrishna, CEO Taxi For Sure.

There's also a major safety loopholes. "We have more complicated technological safegaurd. All the cab driver has to do is use a very primitive technique. He just has to pull off his battery and can ensure that he throws away the phone of the traveller, and no one would know," said Sunil Abraham, Head, Centre For Internet And Society.

So can you trust technology to safeguard you? Rest assured that someone will be monitoring your journey back in some control room?

People feel that there should be some kind of an automatically generated alert system. Had the tracker been switched off, that could have been a point of loophole.

Great degree of automation is possible here but finally it is the human oversight which is critical eventually, in any technology.

Technology, ultimately, doesn't have all the answers, can't provide all solutions against crime prevention. We have seen instances when criminals have attacked women in ATMs knowing full well they are caught on camera, we have seen attacks by unruly drivers at road toll booths, regardless of the surveillance cameras.

While technology helps in tracking digital footprints that a criminal has taken, it hasn't deterred the criminal from doing what he wants to. For that, we have to be on guard.

For more details visit http://editors.cis-india.org/internet-governance/news/ibn-live-december-8-2014-are-cab-apps-safe

Countering US Pressures Meeting (1)

praskrishna — 2014-12-07T12:18:40Z

For more details visit http://editors.cis-india.org/a2k/blogs/countering-us-pressure-meeting.pdf

November 2014 NVDA eSpeak Report

praskrishna — 2014-12-07T11:38:14Z

For more details visit http://editors.cis-india.org/accessibility/blog/november-e-speak-nvda-2014-report.pdf

India sees biggest improvement in Internet freedom, says report

praskrishna — 2014-12-07T11:08:34Z

Big stride ascribed to removal of restrictions imposed in 2013; globally, Internet freedom sees decline.

The article by Moulishree Srivastava was published in Livemint on December 5, 2014. Sunil Abraham gave his inputs.

India fared better this year when it came to freedom of the Net, while globally Internet freedom declined for the fourth consecutive year in 2014 with a growing number of countries introducing more aggressive online censorship and monitoring practices, said a report by Freedom House, an independent watchdog.

The global Freedom on the Net report 2014, which covered the period between 1 May 2013 and 31 May 2014 and was released on Thursday, said India scored 42 points this year, an improvement of five points over the previous reporting period.

It’s the largest increase in Internet freedom over the past year and was ascribed to the removal of temporary restrictions on access and content that had been imposed in 2013 to stem an exodus of people from north-eastern states from wherever else they were in India.

Of the 65 countries assessed, 36 saw a decline in Internet freedom. The most significant declines were in Russia, Turkey and Ukraine. Iran, Syria and China are the world’s worst abusers of Internet freedom, said Freedom House.

A low score indicates higher Internet freedom.

The US remained relatively free compared with the rest of the world with a total score of 19, the report said.

“Any report on Internet freedom that ranks US as free cannot be taken seriously,” said Sunil Abraham, executive director of the Bengaluru-based research organization Centre for Internet and Society.

There is massive intellectual property rights (IPR)-related censorship in the US, which Freedom House does not consider censorship, and the total surveillance regime of the National Security Agency that resulted in self-censorship was also ignored by Freedom House, he said.

In India, curbs on content and arrests related to online publishing under Section 66A of the information technology (IT) Act declined in the past year.

There have been nine criminal complaints filed against social media posts in the period, but the Supreme Court did its bit by curtailing arrests for online expression under the IT Act.

Independently, the Supreme Court is assessing the constitutionality of provisions in the IT Act and secondary legislation that restrict content and criminalize speech online. Section 66A of the IT Act criminalizes a wide range of speech and led to several arrests for social media posts in 2012 and early 2013. On 2 December, the Supreme Court asked the government to clarify its stand on the constitutionality of these provisions by 9 December.

Several petitioners have also challenged parts of the IT Act, including rules introducing potential criminal liability for intermediary companies for content posted by third parties, as unconstitutional in the Supreme Court.

“Legislation and procedures to effectively protect privacy, meanwhile, remain lacking, and the scope of a privacy law currently being drafted is unclear,” said the Freedom House report.

India was expected to get a privacy law before the launch of the Unique ID, or Aadhar, programme, but this has not happened.

“Allegations of procedural abuses by state officials in surveillance cases have emerged in the states of Himachal Pradesh and Gujarat, in the latter while the present Prime Minister was chief minister,” the report said. “Partly in response to these scandals, the government tightened procedures in January 2014, saying officials must issue interception orders to telecommunications providers in written form, though they still require no warrant or judicial oversight.”

Currently, the government can retrieve data from intermediaries such as Internet service providers, which are required to install infrastructure for surveillance and keyword scanning of all traffic passing through each gateway.

What can curb Net freedom substantially in India, according to the report, is the Indian government’s ambitious nationwide surveillance programme, the Central Monitoring System, which allows authorities to monitor individuals’ digital communications directly without issuing orders to service providers, written or otherwise—that is, “without judicial oversight”.

The move allows government agencies to intercept any online activities, phone calls, text messages and even social media conversations in real time by directly accessing interception equipment on intermediary premises.

The Indian government also requested user information from international Web-based platforms including Google Inc., which received 2,794 data requests from Indian government agencies from January to June 2014. Facebook Inc. got 3,598 such requests and Twitter Inc. 19.

Apoorva contributed to this story.

For more details visit http://editors.cis-india.org/internet-governance/news/livemint-december-5-2014-moulishree-srivastava-india-sees-biggest-improvement-in-internet-freedom

Cyber bullying is a crime, but open to interpretation: Expert

praskrishna — 2014-12-07T10:54:32Z

The social media attack on a Doordarshan anchor who made a series of gaffes at the recent Goa film festival would qualify as cyber bullying, experts say, but hasten to add there is not much that can be done to prevent such behaviour online, given the humungous size of the virtual universe.

The article by Neha Alawadhi was published in the Times of India on December 2, 2014. Pranesh Prakash gave his inputs.

The anchor reportedly shut down all her online accounts following the slew of unflattering and personal comments that she was bombarded with after the video of the event went viral and was shared across Facebook, Twitter and YouTube, among other such platforms.

Under Section 66 (A) of the IT Act, 2000, cyber bullying is a bailable offence, punishable with three years of imprisonment and fine. However, the complainant and police can interpret what constitutes offensive behaviour, said cyber law expert Pavan Duggal.

"Just as we don't regulate jeering and taunting of adults when it happens in person, as opposed to a threat of violence, unless there is a special case made out for the harm of online taunting, I don't think there is a case for a legislative response," said Pranesh Prakash, policy director at Bengaluru-based Centre for Internet and Society.

According to a recent report by McAfee, part of Intel Security, half of Indian youths have had some experience with cyber bullying and of these over a third (36%) have been bullied themselves online.

IT and cybersecurity expert Rakshit Tandon recalled the trauma a young professor at one of the top colleges underwent when an old picture of her, from one of her social media accounts, went viral and became the butt of unflattering comments by students. "Once it goes viral, you can't track who is sharing or sending it," he said.

"We don't have one personality anymore," said Adhvith Dhuddu, founder and CEO of digital marketing agency Alive-Now, which handles social and digital for brands online. "We have an offline personality and we have an online personality, and this is true for anyone —whether you are a brand, person, book or a movie," he added.

Several schools, NGOs and individuals are working towards educating children and young people about the dangers of sharing information online, but often find themselves at a loss when confronted with real situations every day.

The approach AliveNow's Dhuddu takes is to "engage first and ban later". He said, "We try to reason with people. We always take any grievance offline, we don't try to solve a grievance online."

For individuals, however, the offline route may be impractical or infeasible. Tandon believes the only way is to "sensitise people", while CIS's Prakash says a person can "block abusive users, set one's account in private mode and just get off such social networks for a while till the situation cools off".

For more details visit http://editors.cis-india.org/internet-governance/news/economic-times-december-2-2014-neha-alawadhi-cyber-bullying-is-a-crime-but-open-to-interpretation

Technology, Gender Based Violence

praskrishna — 2014-12-07T03:07:32Z

For more details visit http://editors.cis-india.org/internet-governance/blog/technology-gender-based-violence.pdf