Centre for Internet and Society

Revealed: Bangalore’s Basic Instincts

praskrishna — 2012-01-10T06:50:25Z

This is a first – a sex survey that focusses only on Bangalore. Sure, we have sex surveys telling us what the country thinks. But we wanted to know what our city thinks about the three-letter word. The article was published in the Bangalore Mirror on 8 January 2012. Sunil Abraham is quoted right near the end on why Bangalore might not figure in Google Search rends' top 10 India locations for porn-related queries.

And it wasn’t just sex that we discussed. We also quizzed people on fidelity – emotional and physical – homosexuality and love. Predictably, Bangalore’s responses were far from predictable.

Instant attraction

Cynics may scoff at love at first sight, but youngsters are not yet cynical. And love seems to be catching people very young with kids as young as 13 claiming to be struck by Cupid, leaving even school principals shocked.

D Shashi Kumar, principal of Blossoms School, says, “Even kids from fourth to sixth standard claim to have fallen in love at first sight. I am flabbergasted and it’s difficult to deal with this though it is normal even in primary schools. Where is the innocence that one associates with childhood? They seem to be in a hurry to grow up.”

But, given Bangalore’s overwhelming response in favour of instant love, we found someone with a happy ending. Hear it from Narasimha Murthy: “We looked, we smiled and I was a goner. It’s been eight years since we got married and that love still continues to make my heart beat faster every time I see her."

True love waits?

The rip-roaring double standards for the goose and gander does not exist more strongly in any other case. Despite the emergence of the metrosexual male, men still want virgin brides.

As a result, women find it difficult to confess about their previous sexual partners. For instance, 28-year-old Menaka has been married for more than four years, but her guilty conscience hasn’t given up. “I had a boyfriend in college with whom I was intimate. When I got married, I decided to let my past be and start afresh. Everybody has a past, why rake it up and ruin your future? The more practical reason for me to have made that decision was because I knew it would ruin my married life. But then, my husband recently confessed about his affairs before we got married and now I am consumed with guilt. But what would have been even more ideal was for me to have waited till I got married,” she says.

Masti after marriage?

A city that so overwhelmingly believes in love seems to think nothing of infidelity. It’s all about the thrill.

Abhishek Rana, for instance, is a self-confessed stud since college. His list of girlfriends was like a telephone directory and he managed to date multiple girls simultaneously. Finally, he tied the knot with his childhood sweetheart (who knew about his escapades) a couple of years ago and is quite happy with his marriage. But that has not stopped the Casanova. “If anything, I am going out with more women now than I did before I was married.

Back then, it was the thrill of watching me succeed with the ladies where the others failed. Now, it is the thrill of making sure I don’t get caught by my wife. It is forbidden so it makes it more attractive. I have to come up with innovative reasons when I go home late. Once I told her I was helping my Man Friday’s daughter with homework in the office and she bought it! It’s not that I’m not happy with my wife. But, you need to keep the zing in life,” says this alumnus of a top B-school in India.

Unhappy about gays

It has been nine long years since Adithya Rao’s (name changed) father has spoken to him. “I was 24 when I told him I was gay and that was it. He slapped me and that was the last time he ever spoke to me,” says this designer who takes his boyfriends home to introduce them to his mother. “She is the one who keeps peace in the family,” says Adithya.

Forget the decriminalisation of Article 377. Homosexuality is still taboo in the city. Nithin Manayath, who is gay and a very vocal activist for the rights of homosexuals, says it is the shame around the idea of being homosexual that is the main problem. This 33-year-old English literature professor says, “My extended family knows that I am gay because I have even appeared on television. But I still have overzealous aunts and uncles who tell me about this ‘nice girl’ that I should meet. So depending on who it is, I politely tell them to introduce me to guys instead. I don’t think it is the idea of men sleeping with men that has them in knots. Their problem is talking about it in public. Even my parents don’t really talk about it. My mum is sometimes okay talking about it. But dad prefers to just never bring it up.”

Live-in is in

For ad woman Ashima, 28, and HR professional Jeremy, 31, (names changed), after five years of being in a relationship, the next logical step was to move in together. Although the decision didn’t come easy with parents opposing it, the couple went ahead and moved in together in January last year. Ashima says she always wanted to live together with her partner before taking the plunge.

“When you are dating someone, it’s different. You don’t get to spend that much time together. It is only when you are living with a person that you can understand how your partner lives, know his personal hygiene, his moods, his habits. I thought living-in would be a good way to test our compatibility before deciding to get married,” said Ashima.

Jeremy says moving in was also a matter of convenience. “It made sense economically as well for us to move in together. Both our parents don’t live in the city but when we told them about our decision, their primary concern was what people would say,” he said.

Dr Bhupendra Chaudhury, consultant psychiatrist, The Apollo Clinic, Koramangala, says that live-in relationships are never permanent. “Live-in relationships are always transient. The good thing about a live-in relationship is that both the people in the relationship are not sure about where the relationship will lead. With a change in the demographic trend where most people are living away from their families, a live-in relationship is natural. With such couples, there is no family pressure and with both partners working, they can afford their own expenses and in most cases parents don’t know about it. A live-in relationship can either end in separation or marriage but I have never come across any couple who has lived together for long. It is never permanent,” said Dr Bhupendra.

In the case of Ashima and Jeremy, they passed the compatibility test and after a year of living together, they are ready to say ‘I do’ this month.

Pure emotions

When Uma Rao found out that her husband of 30 years had cheated on her with a young girl, it hit her hard. “At first, I thought he was going through a mid-life crisis and was looking to spice up his life. I imagined it was just a fling. But, when he said that he was in love with her, I was shattered,” says Uma who divorced her husband last month.

But what if it was the other way round? Rajesh, Uma’s former husband, says: “If Uma had had the affair, I don’t think I would have been able forgive her. I think it is a man-woman thing,” says the father of a 20-something daughter. Incidentally, he’s considering marrying his girlfriend who is also in her 20s.

One wild night

“Why not,” asks Pavithra (name changed), a college student who has already had multiple partners. “I am single and I have the right to enjoy life,” says the nubile young thing who does not label it as sexual promiscuity, but experimentation. “I don’t come from my mother’s generation to subscribe to the idea that you have to sleep with only your husband. Sexual attraction has nothing to do with love or other mushy emotions,” she says.

But for 39-year-old Manjunath, a photographer who indulges in one-night stands, “one-night-stands or a sexual partner is a much better option than dating somebody after you get married. It is too much risk with too little benefit. Enjoy the experience and move on.”

The work-shift rift

Any sexologist tell you that the most number of cases with marital problems are between couples who work in highly stressful jobs. “Couples are now older as people are more concerned about their careers. They do not realise that people have to give time to a marriage. I once had a couple come in after just two weeks of their marriage. While the wife worked in an advertising firm, the husband worked in a call centre.

So they had no time for each other and they realised this within two weeks of marriage. Relationships need patience and perseverance more than anything else. Finally, it came as no surprise that they were divorced within a year,” says Mamtha Shetty, a psychiatrist in the city.

Social network gets a poke

“My husband works in Mumbai and I work in Bangalore. We meet once in a month and Facebook is the only way I keep in touch with him and know what is happening in his life minute by minute. Now, most people think that we can do this over the phone, but we are so tired at the end of the day, I don’t have the energy to have a long-drawn conversation,” says Shefali Gupta.

There are many such couples, you realise, if you listen to Suma Gowda, a private marriage counsellor. “I had a case where the couple were on the verge of getting a divorce, because the husband had complimented his ex-girl friend on Facebook. But what made it even more weird was that their entire fight was going on on Facebook. They refused to talk about it at home whenever they got together. You need to understand that talking is what keeps the marriage going,” she says.

“The days of marriage as an institution are all but over. Today people see it as a compartment and that is where the problem begins. You have to emotionally invest in relationships. Couples today treat it like they can lock it away as a small part of their lives instead of looking at it as an anchor. They don’t have the patience to make a relationship work and it is not just marriage that I am talking about. It is almost like couples have a separate person for every need of theirs,” says Sushil Unni, a certified life coach.

Porn supremacy

Vinutha Reddy never understood why her husband would lock himself in his study. “My husband was uninterested in me sexually. We had had sex once in the six months that we were married. When I finally summoned the courage and told him that we need to get some help, he refused. After a lot of pressure from the family, he agreed, and it was then that he opened up about his fetish for middle-aged women. He would surf the internet all night to find these websites. There was nothing I could do about it,” says the homemaker who is still in the marriage since the last five years because of family pressure.

But despite this, Bangalore does not figure in the top 10 of porn-surfing cities in India while Mangalore makes it. Sunil Abraham, executive director, Centre for Internet Society, explains the science of surfing. “If you look at the Google trend or any other website, Bangalore does not figure among the top 10 cities that surfs for porn. But that does not mean that Bangalore does not surf porn. It only means that we have a very sophisticated surfer with a very specific type. They don’t go through Google or other websites. They know how to go about it. But whether it affects their personal lives is lot more complicated,” he says.

After a lot of family pressure, he opened up about his fetish for middle-aged women.

Read the original in Bangalore Mirror

For more details visit http://editors.cis-india.org/news/revealed-bangalore2019s-basic-instincts

Retro Relic

praskrishna — 2012-05-23T08:27:52Z

For more details visit http://editors.cis-india.org/home-images/RetroPhone.jpg

Reto Wattach

praskrishna — 2012-01-16T05:15:08Z

For more details visit http://editors.cis-india.org/home-images/DP7.jpg

Rethinking the Internet: The Way Forward

praskrishna — 2013-03-13T04:53:21Z

Telecom Italia and Financial Times are organizing this event at Telecom Italia Future Centre in Italy on March 21 and 22, 2013. Pranesh Prakash is participating in this event.

Overview

The advent of smartphones and other mobile devices, and the resulting explosive growth in internet usage have transformed the way that societies communicate. The internet is a major driver for global economies as it continues to create new forms of interaction, and offers unprecedented business opportunities and profitable collaborations. The evolution of the internet is however also contributing to changing social perceptions of privacy and copyright, and concerns are developing about the security of countries and organisations, and the liabilities of internet intermediaries.

Another crucial issue is internet governance. Some doubts have been cast on the effectiveness of the present decision-making model in setting the basis for an investment-conducive and future-proof framework, and in balancing the interests of all the players involved in the market scenario.

Rethinking the Internet: The Way Forward, organised by the Financial Times and Telecom Italia, will contribute to this debate by featuring interactive CEO-level workshops that explore the impact of the internet on business models, the role of public and private collaborations in enabling innovation, the key policy, governance and security considerations that need to be addressed, and future implications of the internet evolution for all players in the global communications industry.

Agenda Day One: Thursday, March 22, 2013

10:30- 11:05	Registration and networking
11:05- 11:15	Chair's opening remarks
11:15- 11:30	Welcome address by Telecom Italia
11:30- 01:30	Introduction to Rethinking the Internet How will the internet continue to evolve and what implications does this have for future business models? Who will be the key industry players in the next 10 years and which collaborations, investments and infrastructure developments will yield sustainable growth? How sustainable is the internet as a business model? Will excessive policy-making and regulatory controls curb innovation? Where is the industry heading now?
01:30- 02:30	Lunch
02:30 - 04:30	A New Internet Governance What are the latest developments in internet governance policy-making? What changes can be expected in the near future? How can policy groups and organisations work together to create a balanced and fair internet governance model? What are the limitations of the current recommendations and what improvements need to be made? What are the implications for privacy, online anonymity and data protection?
04:30- 05:00	Refreshments
05:00 - 07:00	Internet Security What new threats and challenges are being created by the internet evolution and how are governments legislating for this? As cybersecurity continues to become a threat, can policies keep up with industry innovations and technological advances? How can a truly global internet be monitored and managed by international jurisdictions with different national priorities? What role do non-governmental entities have to play in policing the internet and making it more secure?
07:00 - 07:10	Chair's concluding remarks
07:10	Drinks reception, followed by Dinner

Agenda Day Two: Friday, March 23, 2013

08:30- 08:50	Arrival and networking
08:50- 09:00	Chair's opening remarks
09:00- 11:00	Internet Privacy and Copyrights Co-operation between policy-makers and industry players is critical in encouraging an open communications ecosystem. What pitfalls need to be avoided to ensure that all stakeholder interests are taken into account, including those of the customer? What safeguards need to be put into place to ensure that sensitive data is protected? How is copyright protected in the new digital age? Can the rights of content creators be protected whilst embracing an open internet? Does net neutrality necessarily equal internet freedom? And how is the right government intervention – internet freedom balance maintained?
11:00- 11:30	Refreshments
11:30- 01:30	Internet after OTT Why are commercial agreements among telco and other communication providers so critical to the provision of internet-enabled products and services? What collaborations are necessary to ensure that internet development and investment contribute to economic growth and market competition? And what role does policy have to play in supporting these commercial initiatives?
01:30- 02:30	Lunch
02:30- 04:00	Overview of Key Themes raised during the Two Day Meeting
04:00	Conclusion

Currently confirmed to participate now include:

Alessandro Acquisti, Associate Professor of Information Technology and Public Policy, Carnegie Mellon University

Jan Philipp Albrecht MdEP / MEP, Member, European Parliament

Virgilio Augusto Fernandes Almeida, Secretary for Information Technology Policies, Ministry of Science, Technology and Innovation (MCTI-SEPIN), Brazil

Suleyman Anil, Head, Cyber Defence Section, Emerging Security Challenges Division, NATO

Johannes M Bauer, Professor, Telecommunication, Information Studies, and Media and Director of Special Programs, Quello Center for Telecommunication Management & Law, Michigan State University

Franco Bernabè, Chairman and CEO of Telecom Italia

Anne Bouverot, Director General & Member of the Board, GSMA

Peter Bradwell, Campaigner, Open Rights Group

Angelo Maria Cardani, Chairman, AGCOM

James W. Cicconi, Senior Executive Vice President-External and Legislative Affairs, AT&T Services, Inc

Giuseppe Corasaniti, General Prosecutor, Italian Supreme Court

Juan Carlos De Martin, Faculty co-director, nexa center for internet & society, Politecnico di Torino and Faculty Fellow, berkman center for internet & society, Harvard University

Adrian Farrel, Routing Area Director, IETF, Juniper Networks and Old Dog Consulting

William W Fisher, Wilmer Hale Professor of Intellectual Property Law and Faculty Director, Berkman Center for Internet and Society, Harvard University

Luigi Gambardella, Chairman Executive Board, ETNO

Hartmut Richard Glaser, Executive Secretary/CGI.br, Brazilian Internet Steering Committee

David A. Gross, Former U.S. Coordinator for International Communications and Information Policy and Partner, Wiley Rein LLP

Ian Hargreaves, Professor of Digital Economy, Cardiff University

James Harkin, Author and Director, Flockwatching

Ahmad Abdulkarim Julfar, CEO, Etisalat Group

Dr Robert E Kahn, TCP/IP co-creator and Chairman, CEO and President, Corporation for National Research Initiatives (CNRI)

Loz (Laurence) Kaye, Leader, Pirate Party UK

Thomas M. Lenard, President and Senior Fellow, Technology Policy Institute

Gerd Leonhard, Futurist, Author and CEO, The Futures Agency

Jonathan Liebenau, Reader in Technology Management, Department of Management, London School of Economics

Robert Levine, Journalist and Author of Free Ride

Patrice Lyons, Corporate Counsel, Corporation for National Research Initiatives (CNRI)

Joe McNamee, Executive Director, European Digital Rights

Milton L Mueller, Professor, School of Information Studies, Syracuse University

Eli Noam, Director, Columbia Institute for Tele-Information, Professor of Finance and Economics and Garrett Professor of Public Policy and Business Responsibility, Columbia University Business School

Sam Paltridge, Directorate of Science Technology and Industry, OECD

Prof. Francesco Pizzetti, Chairman, Privacy Authority

Pranesh Prakash, Policy Director, Centre for Internet and Society

Philip R. Reitinger, Senior Vice President and Chief Information Security Officer, Sony Corporation

Dr Georg Serentschy, CEO Telecommunications, RTR-GmbH (Austrian Regulatory Authority for Broadcasting and Telecommunications)

Michael Skapinker, Assistant Editor and Columnist, Financial Times

Christopher Soghoian, Principal Technologist and Senior Policy Analyst, American Civil Liberties Union

Dr. Hamadoun I. Touré, Secretary General, International Telecommunication Union (ITU)

Nico van Eijk, Professor of Media and Telecommunications Law and Director of the Institute for Information Law, University of Amsterdam

Ben Verwaayen, CEO, Alcatel-Lucent

Philip L. Verveer, Ambassador, U.S. Coordinator, International Communications and Information Policy, US Department of State

Richard Waters, West Coast Editor, Financial Times

Christopher S Yoo, John H. Chestnut Professor of Law, Communication, and Computer & Information Science, Founding Director, Center for Technology, Innovation and Competition, University of Pennsylvania Law School

For more details visit http://editors.cis-india.org/news/rethinking-the-internet

Rethinking Privacy: The Link between Florida v. Jardines and the Surveillance of Nature Films

praskrishna — 2014-07-28T05:51:48Z

Bhairav Acharya gave a talk on "Rethinking Privacy" at an event organized by the Indian Institute of Technology, Madras (IIT-M) on July 11, 2014.

In a 2010 article in Continuum: Journal of Media & Cultural Studies, Brett Mills proposed that animals have a right to privacy and that wildlife documentaries, specifically BBC's Nature's Great Events (2009), invaded this right without an examination of animal conservation ethics. In the 2013 Florida v. Jardines decision, the Supreme Court of the United States re-examined the constitutional validity of 'dog sniff laws' that permitted police animals to enter the threshold of private property to conduct 'minimally invasive warant-less searches' and 'Terry stops'; this was the latest in a long line of Fourth Amendment cases that examine the ethics of conserving and protecting public order. I attempt to draw links between the two scenarios that highlight the dissonance between sociological and jurisprudential constructions of privacy.

For more details visit http://editors.cis-india.org/news/rethinking-privacy

Rethinking Music Copyright Management in the Age of Digital Distribution: Business Models, Licensing Practices and Copyright Institutions in India

praskrishna — 2016-01-20T16:02:06Z

For more details visit http://editors.cis-india.org/a2k/blogs/rethinking-music-copyright-management-in-the-age-of-digital-distribution-business-models-licensing-practices-and-copyright-institutions-in-india

Rethinking Last

praskrishna — 2010-12-14T13:48:42Z

Word file

For more details visit http://editors.cis-india.org/raw/histories-of-the-internet/rethinking-last

Rethinking Intellectual Property Rights

praskrishna — 2017-03-29T10:50:44Z

For more details visit http://editors.cis-india.org/a2k/files/rethinking-intellectual-property-rights

Responses to Trai’s consultation paper on free data contain some good suggestions

praskrishna — 2016-08-17T03:05:57Z

Trai has announced that it will come up with a final consultation paper on ‘Free Data’, and also a pre-consultation paper on Net Neutrality by the end of this month.

The blog post by Asheeta Regidi was published by FirstPost's Tech 2 on August 15, 2016.

The pre-consultation paper on Free Data (the Consultation Paper), which was issued in May 2016, asked for options where free data could be provided for accessing certain websites or apps without violating the Discriminatory Tariff Regulations issued earlier in February. The objective of the paper is to maximise internet penetration, and make internet available even to the poorest.

The models suggested in the Consultation Paper are a reward of free data for certain internet uses, zero data charges for accessing certain content, and refunding data charges in a manner similar to refund of LPG subsidies. These models are very similar to plans like Facebook’s Free Basics and Airtel Zero, which were banned by the Discriminatory Tariff Regulations.

While it is clear that Trai has no intention of withdrawing the Discriminatory Tariff Regulations, the Consultation Paper does appear to open up the doors to net neutrality violations again. Here’s a look at the comments and counter-comments that have come in response to this paper.

A motorist rides past a hoarding advertising Facebook’s Free Basics. Image: Reuters

Large TSPs and TSP associations want content-based free data schemes
The response of large TSPs like Vodafone, Idea and so on are quite predictable. They, alongwith most of the TSP associations such as ACTO, COAI and AUSPI, are in support of the idea of free access to certain sites. They, in fact, point out the similarities between the proposed models and the similar models brought out by them, such as Airtel’s One Touch Internet and Reliance’s Facebook Tap. They have also asked for a withdrawal of the Discriminatory Tariff Regulations, on the grounds that they hamper the innovation and forbearance capabilities of the TSPs.

They do, however, take issue with the fact that a TSP agnostic platform, or a platform which is completely independent of the TSPs, is to be given the power to decide how the lower prices or discounts are to be provided. They allege that there is nothing to prevent such a platform from acting as a gatekeeper in itself. They argue that TSPs are in a better position to perform this function, since they are subject to strict regulatory and licensing requirements from Trai.

Employees at an outsourcing centre in Bengaluru Image: Reuters

Smaller TSPs and other companies fear net neutrality violations
Smaller TSPs like Atria, Citicom and MTS are against content based free data proposal, mostly on the grounds that the models suggested violate net neutrality. They point out that allowing content based free data in any form will give an unfair advantage to large TSPs and content providers. Smaller companies and start-ups will be left in the lurch since they will not have the financial capabilities to effectively compete with such schemes. These entities also share the fear of the TSPs that there is nothing to stop a TSP agnostic platform from also acting as a gatekeeper.

Commuters with their smartphones in a Mumbai local. Image: Reuters

Some alternative suggestions for free data schemes which do not violate net neutrality
The approach suggested by Trai will, to a large extent, only benefit existing users of the internet, since a basic internet access of some sort is required before the users can enjoy the benefits of a rewards or a refund. Software Freedom Law Centre (SFLC), in its comments, points to research that found that only 12 percent of the users of zero rating services abroad (no data charges for certain websites), started using it because of the zero rating. Clearly, these schemes are not achieving the objective of increasing internet usage, and an alternative solution is required.

Many of the responses came up with alternative suggestions for free data schemes which can increase internet usage without violating net neutrality. Some of these suggestions are listed below:

The Digital Empowerment Foundation suggests the provision of free data quotas or packs, which would give a limited amount of data free of charge to all consumers. Any data usage above the basic pack will be charged at normal rates. It also suggests making such packs mandatory as a part of the TSP licensing terms or alternatively subsidising the cost of these packs through other benefits to the TSPs.
MTS suggests that content providers be allowed free internet access for a limited time or quantity, such as 30 minutes per day, or 100MB per day, to certain groups, like low income groups.
Mozilla and SFLC suggest the ‘equal rating’ system, where a small amount of data per day is made available free of charge to all internet users, over and above whatever other packs they may have purchased.
The Centre for Internet and Society suggests that the government allow TSPs to provide free internet to all, at a lower speed, and in return exempt the TSPs from the USO contributions in their license fees. This will ensure free data to all without differentiating based on content.
SFLC also suggests an increase in free public Wi-Fi hotspots, like the kind being made available in Indian railway stations, to increase internet accessibility without content-based discrimination.
MTNL suggests that if content-based free data is to be allowed, the government should determine what constitutes the basic services to be allowed for free, such as railway booking services, and not leave this to the understanding of the TSPs.
MTS also suggests that content providers be allowed to give data-based rewards for certain activity, such as watching associated advertisements.
Atria suggests that if free data is to be allowed, first establish a negative list of what cannot be done, such as no throttling of speeds.

Anonymous protests against Internet laws in Mumbai. Image: Reuters

First establish ground rules of net neturality
One common aspect of most of the comments to the Consultation Paper was the confusion regarding Trai’s stance on net neutrality. Many entities, including the large TSPs, pointed out the contradiction between this Consultation Paper and the Discriminatory Tariff Regulations.

This paper gives the impression that the Discriminatory Tariff Regulations were issued not to prevent content based discrimination, but to prevent telecom service providers from becoming ‘gatekeepers’. In reality, that is not the main fear of the people, but the fear that net neutrality will be affected. The culprits might be anyone, whether it is the TSP, the content provider or the TSP agnostic platform suggested by Trai. It needs to modify its approach, and first lay down the fundamental rules on net neutrality. Any other regulations must first comply with these rules.

While the motives of Trai are laudible, it is hoped that Trai will look into the several suggestions made that will achieve the dual targets of maximum internet penetration as well as securing net neutrality.

For more details visit http://editors.cis-india.org/internet-governance/news/first-post-tech-2-august-15-2016-asheeta-regidi-responses-to-trai-consultation-paper-on-free-data-contain-some-good-suggestions

Response to the Consultation Note on Model for Nation-wide Interoperable and Scalable Public Wi-Fi Networks

praskrishna — 2016-12-11T03:17:38Z

For more details visit http://editors.cis-india.org/telecom/files/response-to-the-consultation-note-on-model-for-nation-wide-interoperable-and-scalable-public-wi-fi-networks

Response from Ministry of Home Affairs

praskrishna — 2013-07-15T04:34:10Z

Rakesh Mittal's reply received by the Centre for Internet and Society.

For more details visit http://editors.cis-india.org/internet-governance/blog/response-from-ministry-of-home-affairs.pdf

Response from DeitY Clarifying Procedures for Blocking

praskrishna — 2015-04-29T14:36:44Z

For more details visit http://editors.cis-india.org/internet-governance/blog/response-deity.clarifying-procedures-for-blocking.pdf

Responding to govt requests is a challenge for online firms: Colin Maclay

praskrishna — 2013-03-15T05:07:10Z

Colin M. Maclay, MD of Berkman Center for Internet and Society at Harvard, on challenges in cyberspace.

Colin M. Maclay, MD of Berkman Center for Internet and Society at Harvard mentions about the Centre for Internet and Society, Bangalore in his interview done by LiveMint. The article was published in LiveMint on March 13, 2013.

Mumbai: Colin M. Maclay, managing director of the Berkman Center for Internet and Society at Harvard University, says that companies such as Google Inc. and Facebook Inc. are facing their greatest challenge in responding appropriately to governments that demand user information from them as part of regular practice or to abuse power. In an email interview to Mint on Wednesday, Maclay underscored the policy gaps on the Internet, differences in cyber laws across nations and the forces transforming education, media and technology companies online. He hopes to elaborate on some of these views in Mumbai on Thursday, the concluding day of Ficci Frames,a conclave on the media and entertainment industry that began on Tuesday. Edited excerpts:

How vulnerable are we because of the information shared on email platforms such as Gmail or Yahoomail or on social networks like Facebook?

We are vulnerable in many ways as we share information about ourselves and our friends, sometimes wisely and other times indiscriminately. But this information is later shared with many third-party tracking networks so that the highest bidder can advertise to us the product they think we want. That information is also sold to other interested parties, from businesses to governments. Other business offerings like facial recognition software only make the proposition spookier. Many of them want to responsibly monetize our data typically for advertising or improving their service offerings although we may not all agree on what that means in practice.

Are any laws being considered in the US to protect people’s privacy online?

Privacy around telephony, wiretaps for instance, is much better than Internet-related government requests. There are a host of laws and regulations around privacy in the US, but many of my colleagues would likely say that they are inadequate—not keeping up with the technology, actual use or business practice. They are also in conflict with European laws, which suggests the need to resolve these differences. In this gap, practices like the Google and Twitter Transparency Reports are significant steps forward in telling what governments are actually doing around the world with respect to online privacy and expression. India’s government has a noteworthy presence in these reports, as does the US.

Is it easier for the government to get personal information of suspects’ activity online from Google or Facebook than it would be through an offline search warrant?

There are questionable requests made to companies to provide user information, censor content or other such action by law enforcement agencies in various jurisdictions. Often it is legitimate, and companies should respond accordingly, while at other times, companies may overreach unintentionally, requesting much more information than they need or broader censorship due to their own lack of understanding. In other cases, as part of regular practice or in an informal abuse of power, governments will make requests that do not hold up scrutiny to the rule of law and due process. They may have political or economic motivations, for instance. It’s in discerning between these cases, and figuring out how to respond appropriately, that the companies face their greatest challenge.

Has the freedom of expression been limited by the governments?

The OpenNet initiative, a research collaboration between the Citizen Lab at the University of Toronto and the Berkman Center at Harvard, has documented the rise of state-sponsored Internet censorship from a handful of countries a decade ago to over 40 countries today. Beyond technical control, there is a massive increase in copyright-related takedowns that include legitimate takedowns, plus many attempts at economic and political control. There are informal legal and process controls on content. There is also a wide range of self-censorship that’s difficult to document.

How are these companies addressing the issue?

In recognition of the difficult situation, companies such as Google, Microsoft Corp., Yahoo Inc. (Facebook is an observer at present), non-government organizations like Human Rights Watch, Center for Democracy and Technology (CDSA) and the Centre for Internet and Society in Bangalore and investors like Calvert Investments Inc. and F&C Asset Management Plc, founded the Global Network Initiative (GNI) in October 2008 to protect and advance privacy and freedom of expression online.

Cybercrimes like credit card frauds surface time and again...why is the Internet still not secure enough?

It goes back to beginnings of the Internet, it was built to be open rather than secure. That said, there are a variety of different concerns, including organizations doing an inadequate job of securing the credit card data they hold. That’s their fault and it seems there should be policy solutions that require better security and exact penalties for lapses and bad practice to encourage better behaviour. Credit card fraud online and offline is a problem, and unfortunately it sometimes effectively punishes countries with risk by automatically denying cards—effectively leaving users in those countries without access to e-commerce.

On the good side, top universities around the world now offer online education, How is it transforming the education system?

Like many analog institutions that are adopting digital resources, it’s unclear what will happen. Hopefully it will lower prices, increase learning opportunities, and improve learning all in a sustainable way. We can’t deny, however, the role of in-person interaction whether it’s while seeing friends, dating or doing business and learning is no different.

Looking at trends, laptops began replacing desktops and now tablets are becoming a preferred personal computing device. What’s next?

A decade ago it was laptops or mobiles, and the price of laptops came down, but the mobile network proliferated even faster. Smartphones continued to drop in price and increase in potential, laptops are lighter than ever, tablets have come up, even operating systems are beginning to converge. Now, immersive experiences like Google Glass are coming. It’s hard to know what’s next, but I hope that device convergence will serve as an enabler rather than a limiter.

For more details visit http://editors.cis-india.org/news/livemint-ruchita-saxena-march-13-2013-responding-to-govt-requests-is-a-challenge-for-online-firms

Respite from Internet Censorship?

praskrishna — 2012-08-10T15:51:30Z

Of late, a lot of the blocked websites have started reappearing. So should we sit back and relax? We take a look at how it's not really the start of something beautiful...writes Nimish Sawant. Sunil Abraham is quoted.

Published in thinkdigit on June 2, 2012

In April, Chennai based Copyrights Labs got a John Doe order (An order against no one in particular) from Madras High Court which ordered ISPs to block several video hosting websites such as Vimeo and Dailymotion along with a string of torrent sites such as Isohunt and Pirate Bay. The motive was to prevent illegal sharing of the movies 3 and Dhammu. The ISPs went on this whole website blocking spree welcoming users with messages such as, “This website has been blocked as per instructions from the Department of Telecom (DoT)”.

In June, the Madras High Court issued an order which made it mandatory for complainants to provide exact URLs where they find illegal content, such that ISPs could block only that content and not the entire site.

This order is definitely a relief for Indian internet users, who were facing a variety of blocked websites for a couple of months. In the May-June period there was a lot of media coverage around Internet censorship and then there was the much-hyped Anonymous protest (http://goo.gl/YCQod) that saw a not-so-great participation. Just like most media stories, it is slowly departing from the public conciousness. So does this mean our censorship woes are behind us?

Far from it.

The dark cloud of Intermediaries Guidelines
The Information Technology (Intermediaries Guidelines) Rules 2011 were added to the IT Act 2000. According to it, the intermediaries (website, domain registrar, blog owner and so on) guidelines allows the government to pull up any website that hosts “objectionable” content. It gives anyone the right to send “content removal notice” to an intermediary, asking it to be removed within 36 hours. Terms describing such content - grossly harmful, harassing, blasphemous, defamatory, obscene - are those that are open to interpretation. So, Facebook can be hauled up for derogatory content or pages on its site. Hell, even if you own a blog and someone else posts a derogatory comment, you can be pulled up.

This is a rather smart move by the government to force self-censorship down our throats. Just try imagining - Every 60 seconds: on YouTube there are 48 hours worth of videos uploaded; Wordpress users publish 347 blogs; Twitter users send over 100,000 tweets among others. (Source: http://goo.gl/U7qT8) How on earth is monitoring such a vast amount of data even possible?

Karnika Seth, Cyberlaw Expert	"Any content which is illegal can be blocked by ISP or on directions of a court.A person who uploads illegal content does not have a right to claim that it should not be blocked. But if harmless content is blocked arbitrarily by government or by an ISP, a person can approach the court for a direction that content should not be blocked from public access. No specific section in IT Act entitles a person to sue in such cases . However freedom of speech and expression is our fundamental right guaranteed under Art.19 of the Constitution of India and it is our constitutional right to seek legal redress for its protection by approaching the court."

Karnika Seth, Cyberlaw Expert

"Any content which is illegal can be blocked by ISP or on directions of a court.A person who uploads illegal content does not have a right to claim that it should not be blocked. But if harmless content is blocked arbitrarily by government or by an ISP, a person can approach the court for a direction that content should not be blocked from public access. No specific section in IT Act entitles a person to sue in such cases . However freedom of speech and expression is our fundamental right guaranteed under Art.19 of the Constitution of India and it is our constitutional right to seek legal redress for its protection by approaching the court."

Every site has internal checks and balances in the form of a 'Report Abuse' option, where users raise flags against content which they may find objectionable and the site takes a call. But with the intermediary rules, the content has to be removed within 36 hours. And here's the kicker – the content can be removed without informing the owner or giving him or her a chance to defend. A political cartoon website cartoonsagainstcorruption.com was a victim of such rules. In March this year, Rajya Sabha MP, P. Rajeeve, had moved a motion calling for the annulment of the intermediaries rules sometime in April. This motion, as would be expected, was defeated by a voice vote.

“Any content which is illegal can be blocked by the ISP or on directions of a court. A person who uploads illegal content does not have a right to claim that it should not be blocked. But if harmless content is blocked arbitrarily by government or by an ISP, a person can approach the court for a direction that content should not be blocked from public access,” said cyberlaw expert Karnika Seth. When asked if there is a clause in the IT Act which enables a person to drag the government or the ISP for blocking access to their harmless content on the web, Seth said, “No specific section in the IT Act entitles a person to sue in such cases . However, freedom of speech and expression is our fundamental right guaranteed under Art.19 of the Constitution of India and it is our constitutional right to seek legal redress for its protection by approaching the court.”

So what should one do if his or her content is blocked due to the blanket ban on websites? “If I am blocked access to my content on the web (say by blocking sites such as Vimeo or Blogspot for instance) I should file an appeal against the John Doe order in the higher court or to the division bench of High court if earlier order has been passed by single bench of the same High court. These provisions are there for any citizen in Procedural Law of India. The IT Act, 2000 need not be invoked,” says Advocate Prashant Mali, President, Cyber Law Consulting.

Google Transparency report clearly established a link between internet censorship and the government. According to the report, between January and June 2011 Google received 1739 requests for disclosure of user data from the Indian government whereas from July to December 2011, the number of requests by the government went up to 2207. Thankfully Google's compliance rate has come down, but the requests will keep increasing. And this is just Google products we are talking about. Is it then right for just the government to go ahead and draft the rules regarding internet usage? Are there provisions for you, the user to play a part in drafting of these rules. According to Advocate Mali, laws are generally put up for debate on various Government websites. But in the case of the Intermediaries Guidelines, the government used the two-thirds majority to pass the rules.

According to Sunil Abraham, Director, Centre for Internet and Society – a Bangalore-based internet advocacy group, we are very far in terms of Internet policies. “Dr. Gulshan Rai of CERT-IN has not taken even the public feedback process seriously and does not hold public consultations. This is very unlike TRAI, the telecoms regulator that has a very sophisticated approach towards transparent and participatory policy formulation.” He says that in India there is little transparency in some areas of policy articulation and our representatives do not seem sufficiently interested in protecting the public interest.

Also according to Adv. Mali, the recent Madras High Court directive asking the ISPs to block only the ‘pirated content’ and not the entire website, is just half the battle won for the ISPs. “If ISP's feel they have won, then that's just half the victory, because if they don't implement the order with full might and even if one copyright gets infringed because of there weak enforcement, then it would amount to Contempt of Court which will land ISP's into soup,” he says.

“The Madras High Court judgement which essentially directs ISPs to block “pirated content”, and not the website as a whole, is a good judgment with respect to Internet users, but implementing it selectively would be a mammoth task for ISP's. If ISP's feel they have won, then it's just half the battle won, because if they don't implement the order with full might and even if one copyright gets infringed because of weak enforcement, then it would amount to Contempt of Court which will land ISP's into soup."

Advocate Prashant Mali, President, Cyber Law Consulting

Is the Anonymous way, the right way?
In June, we saw the global hactivist organisation - Anonymous attacking a string of Government websites and that of ISPs such as Reliance communications, which had blocked access to websites. On June 9, there was a street protest across various metros in India. While the participation was not very encouraging, the sympathy for what Anonymous hackers were doing to those opposing Internet censorship was immense.

According to Advocate Mali, though the agenda of Anonymous was good, their means of achieving that end were wrong. “One cannot put a gun on the Government’s head in a democracy. If they keep doing this, they will be outlawed. If Anonymous really wants to work for the netizens, they should find better ways to protest instead of those which are cognizable cyber crimes in India.” said Mali.

According to Abraham, Anonymous are embracing the civil disobedience movement to protest against unjust laws. He feels that it is pertinent for Anonymous to retain the moral high ground. “Breaking into servers, leaks of personal information and defacement of websites is both illegal and also unlikely to win them more supporters from within the policy formulation space,” concurs Abraham.

Sunil Abraham, Executive Director, Centre for Internet & Society

“The government ie. the government in power, does only frame subsidiary rules. For example – the draconian rules related to reasonable security measures, cyber cafes and intermediaries were drafted in April last year. The main Act in this case the Information Technology Act is framed in the Lok Sabha and Rajya Sabha. Even though the elected government may dominate the proceedings, if they have a clear majority, the opposition parties must debate every detail especially in laws that affect our civil liberties. Unfortunately, since the Internet is not used by the majority of the population it is politically still an insignificant issue. The private sector cannot frame laws that regulate itself – that would be a contradiction in terms. Citizens cannot be asked to vote in referendums each time laws have to be passed, that would just be too slow. Transparency representative democracy is the online option – unfortunately in India there is little transparency in some areas of policy articulation and our representatives don't seem to be sufficiently interested in protecting the public interest.”

Where do we go from here?
So it is safe to say that even though the issue of censorship is not making headlines everyday, it will never will be behind us. “This is just a temporary lull in the storm. Governments are always keen to crack down on free speech and privacy online,” feels Abraham. According to him, projects such as Unique Identification (UID) and National Intelligence Grid (NATGRID) means the death of anonymity and pseudonymity for Internet and mobile users in the country.

On the other hand, Adv. Mali says that so long as the Intermediaries guidelines are part of the IT Act, it will only mean bad news for regular netizens. “Till the rules are effective, censorship and blocking would be a weapon in the hands of the Government, even though it may violate certain Fundamental Rights enshrined by Indian Constitution to Indian Citizens,” he said.

“Indian Internet users have to be very vigilant – if not, we will loose all our rights and freedoms one by one,” warns Abraham.

We can just hope that the issue does not get completely out of hand.

For more details visit http://editors.cis-india.org/news/www-thinkdigit-com-nimish-sawant-02-06-2012-respite-from-internet-censorship

Resources of Meeting

praskrishna — 2014-11-07T00:37:51Z

For more details visit http://editors.cis-india.org/internet-governance/blog/resources-meeting.zip