Centre for Internet and Society

CIS 12A Certificate

praskrishna — 2014-07-10T05:38:49Z

For more details visit http://editors.cis-india.org/internet-governance/blog/cis-12-a-certificate.pdf

Best Practices Meet

praskrishna — 2014-08-06T06:25:20Z

The Best Practices Meet 2014 is being organized by DSCI at Hotel Leela Palace on July 9, 2014. Sunil Abraham will participate as a panelist at the event.

SMAC: new paradigm for Security?

Convergence of Social, Mobile, Analytics, and Cloud, is collectively referred as SMAC technologies. The success of social media products and sites such as Facebook, Twitter, Linkedin many more has been driving organizations’ investment in social computing. Mobile is another example of how technologies invented initially for personal use, entrenched itself into the enterprise ecosystem. Social computing and mobile blurs the boundaries between personal, social and business transactions. They lead to the explosion of information, which provides interesting insights, critical for business benefits. This reflects in huge impetus that has been seen in analytics, widely known as Big Data analytics. On the other hand, cloud brings completely new paradigm of organizing entperise IT, developing new products and services and delivering consumer experiences.

Increasing adoption of SMAC stack by enterprises breaks the existing paradigm of security. The data explosion on mobile devices exposes organizations’ information to inadvertent loss of revenue and brand value. Malicious applications may steal vital information stored on an employee’s mobile device and pave the way for a major data breach. Web application attacks remain the most significant threat for environments of cloud-hosting providers, amongst other apprehensions about data security. Data sovereignty also continue to pose serious concerns, which organizations need to tackle while moving their data to the cloud. Big data facilitates advanced analytics; however, requires protection from intrusion, corruption and securing its access. Furthermore, social media platforms are continuously exploited to launch malicious content and stealthy payload on devices. Social technologies are also plagued by the use of malicious techniques to mine confidential personal information under the guise of innocuous looking web pages via social engineering techniques.

Apart from security concerns, privacy supposed to be a big causality, as each component of the SMAC stack is considered intrusive enough to compromise the personal rights. Convergence and nexus of them add to the woes.

The collaborative and cumulative effect of all of these technologies working in unison essentially magnifies the efforts of the organizations that are able to wield them effectively. This evolution is challenging the ability of current security capabilities to address business critical risks. The way forward for organizations would be to understand the perspective of end users and IT infrastructure in terms of its integration with any or all the elements of SMAC. The organizations will have to deal with the new paradigm of security that will take them to more scalable, granualar, complex, independent and diverse challenges.

The DSCI Best Practices Meet, 2014 brings the security community and other stakeholders together, to deliberate and ponder over these diverse set of issues and challenges. It is aimed at deliberating on the new security paradigm from the perspectives of public policy, enterprise strategies, technology and practices.

Click to download the agenda and other details here.

For more details visit http://editors.cis-india.org/news/best-practices-meet-2014

Wikipedia edit-a-thons to add content on LGBTs

praskrishna — 2014-07-28T06:41:42Z

From Monday, Wikipedia will hold a series of “edit-a-thons” to encourage people to add content to the site about the lesbian, gay, bisexual and transgender (LGBT) community.

The article by Renuka Phadnis was published in the Hindu on July 7, 2014. T. Vishnu Vardhan gave his inputs.

It is inspired by “Wiki Loves Pride”, a global campaign to expand and improve LGBT-related content across Wikimedia projects. The campaign focuses on the June to October period, when LGBTs around the world celebrate their community.

An “edit-a-thon” is a workshop where people are trained in how to edit the Wikipedia and add content to it, usually focussing on a particular topic.

The aim is to make Wikipedia inclusive and reflect diversity by creating content on the LGBT discourse: history, culture, rights, equal opportunities and Article 377. The focus is also on generating content in regional Indian languages which do not have equivalents for terms such as “gay”, “lesbian” or “bisexual”. The website https://meta.wikimedia.org/wiki/India_Access_To_Knowledge/ Events/Wiki_Loves _Pride_2014 has listed 11 languages.

The edit-a-thon will culminate in two offline events in Bangalore and Delhi on July 19, creating a forum for the community. While anyone can participate in the edit-a-thon, Vishnu, programme director for Access to Knowledge at Centre for Internet and Society (CIS), Bangalore, which works on improving Indian language Wikipedias and India-related content on Wikipedia, said, “We hope the [LGBT] community takes the lead.”

For more details visit http://editors.cis-india.org/news/the-hindu-july-7-2014-renuka-phadnis-wikipedia-edit-a-thons-to-add-content-on-lgbts

COAI, Centre for Internet & Society to hold pan-India meetings on privacy issues

praskrishna — 2014-07-07T07:37:34Z

In order to discuss possible legal frameworks to enable surveillance of voice and data communications in India, the Cellular Operators' Association of India (COAI) along with the Centre for Internet and Society (CIS) will hold seven roundtable meetings across the country in the coming weeks on privacy and surveillance issues.

Originally published by IANS on July 4, 2014 the news was mirrored in the Times of India, NDTV, Business Standard, Economic Times, and World News on the same day. Bhairav Acharya gave his inputs.

The recommendations and dialogues from each of these roundtables will be compiled and submitted to the relevant ministries of the government, a statement issued by COAI said here on Friday.

The roundtable meetings will take place in Mumbai, Ahmedabad, Hyderabad, Bangalore, Chennai and twice in New Delhi.

These roundtables are closed-door meetings involving multiple stakeholders such as the industry leaders, policy makers, and experts from the legal fraternity and civil society.

In the era of freedom, when data connectivity via the internet, has emerged as one of the most powerful tools for communications, infringement of customer privacy by government agencies through telecom networks have forced the industry to initiate discussions on the international best practices on communications privacy and surveillance, and the relevant Indian jurisprudence.

"COAI, with the Centre for Internet and Society has taken this initiative by bringing the relevant stakeholders on a common platform to discuss the matter to arrive at an acceptable conclusion," COAI Director General Rajan S Mathews said.

According to Bhairav Acharya, who advises the CIS: "Legal reform is necessary to identify the limits of permissible surveillance, the protection of privacy, the procedure of intercepting communications, the expectations of service providers, and freedom of all Indians. The law must keep up with technological advancements to create a balanced, proportionate and fair mechanism to enable and regulate surveillance. This will serve India’s national interest."

For more details visit http://editors.cis-india.org/news/ians-july-4-2014-coai-cis-to-hold-pan-india-meetings-on-privacy-issues

National Level Seminar on, Computer Application and Odia Language

praskrishna — 2014-07-07T07:08:39Z

For more details visit http://editors.cis-india.org/openness/blog-old/seminar-letter.pdf

Souvenir Article

praskrishna — 2014-07-07T06:56:34Z

For more details visit http://editors.cis-india.org/openness/blog-old/subhashish-panigrahi-article-in-souvenir.pdf

Work Report on NVDA and eSpeak for the month of June 2014

praskrishna — 2014-07-07T06:37:09Z

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

Gadget Loka

praskrishna — 2014-07-07T05:41:19Z

For more details visit http://editors.cis-india.org/openness/blog-old/gadget-loka.pdf

Cyber crimes shoot up 52% in India over last year

praskrishna — 2014-07-03T10:14:26Z

There has been a sharp increase in the incidence of cyber crime in the country. The number of cases registered in 2013 under the IT Act has gone up by 52 per cent to 4,192 as against 2,761 in the previous year.

The article by K.V.Kurmanath was published in the Hindu Businessline on July 2, 2014. Bhairav Acharya gave his inputs.

If you add the cases registered under the IPC, the total number of cyber crime cases crosses the 5,500-mark. Police across the country arrested 3,301 persons in connection with these cases.

Maharashtra and Andhra Pradesh (undivided) have topped the list with 681 and 635 cases respectively under the IT Act, both showing an almost 50 per cent growth in cyber crimes over the previous year. In the previous year, Maharashtra had registered 471 and Andhra Pradesh 429.

Cyber security experts have been cautioning people to be careful while using the Internet. Besides increasing the security of the networks they are using, users must be careful while engaging with strangers.

A recent Microsoft report said many customer infections involve users tricked to install secondary offers, indicating a shift in malware proliferation. According to the latest data provided by the National Crime Records Bureau, the official chronicler of crime in the country, cyber crime registered under the Indian Penal Code (IPC) has shown a much higher growth rate of 122 per cent in 2013 over the previous year’s figure. IPC cases went up to 1,316 in 2013 from 595 in the previous year. Maharashtra topped the list here too with the cops booking 226 cases in this category.

Wrong nomenclature?

Bhairav Acharya of the Centre for Internet and Society feels that the term cyber crime has not been defined well. “It is time we do away with the practice of calling any crime a ‘cyber crime’ just because the person who does it uses a computer,” he said.

“Instead, I think the term ‘cyber crime’ should only be used in relation to offences that can only be committed by using information and communications technology (ICT) such as the internet (which is comprised of the world wide web, email protocols, file transfer protocols, and more) as well as network infrastructure that is not the internet,” he said.

Hence, only if there is a direct causal link between the crime and ICT and network technology should a crime be called a cyber crime, Acharya says.

Other States with a high number of cases booked under the IT Act include Karnataka (513), Kerala (349), Madhya Pradesh (282) and Rajasthan (239). Gujarat showed a decline with the number coming down to 61 from 68 in the previous year.

For more details visit http://editors.cis-india.org/news/the-hindu-business-line-july-2-2014-kv-kurmanath-cyber-crimes-shoot-up-in-india-over-last-year

NISH Website to Help the Disabled

praskrishna — 2014-07-03T10:05:05Z

The National Institute of Speech and Hearing (NISH) has launched a website on matters related to disabilities. The website www.accesshub.org was launched by Social Welfare Minister M K Muneer here on Wednesday.

The article was published in the New Indian Express on June 26, 2014.

Jointly created by NISH and a team from the School of Information, Michigan University, the website is intended to be a one-stop shop for information that could prove important to people with disabilities, NISH executive director Samuel N Mathew said.

www.accesshub.org can be easily navigated and contains the latest information in this area, services that are on offer worldwide and policy information of various states. The website has been created with a software that enables visually handicapped people also to use it.

Work on the website had started in November 2013 under Dr Anne Varghese of NISH.

Three postgraduate students of the Michigan University provided ample help to the project.

The website will be useful to service providers in this sector as well as government and non-governmental organisations, NISH officials said.

The Centre for Internet and Society, Bangalore, and Inclusive Planet, Chennai, are the organisations that have associated with the website project.

For more details visit http://editors.cis-india.org/news/the-new-indian-express-june-26-2014-nish-website-to-help-disabled

Maher Reports on WIPO Copyright Deliberations

praskrishna — 2014-07-03T09:41:28Z

SAA Past President and IPWG member William Maher represented the views of American archivists as a permanent observer at the World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights meeting, December 16-20.

Read the original published on the website of the Society of American Archivists. CIS is briefly mentioned.

Attendees discussed an international treaty for library and archives exceptions for copyright, including provisions related to orphan works and making preservation copies. Maher noted that many of the national delegates are less familiar with the mission of archives than that of public libraries; his statement on SAA’s behalf helped to bridge that gap. (View his presentation and that of the International Council on Archives representative here, at 26:30 and 34:00.)

View the International Federation of Library Associations and Institutions (IFLA) information flyer here.

Following is Maher's report on the meeting.

Summary Report on Service as Society of American Archivists
NGO Representative at the World Intellectual Property Organization’s
Standing Committee on Copyright and Related Rights, 26^th Session

William J. Maher
January 10, 2014

Executive Summary: At the December 2013 Standing Committee on Copyright and Related Rights (SCCR), the SAA was instrumental in educating not only the WIPO national delegates but also the library advocacy groups on the differences between libraries and archives and the specific archival needs for a treaty supporting copyright exceptions and limitations. With our coalition partners, the SAA helped prevent the marginalization of work on library and archives exceptions during future meetings. Meanwhile, new leadership of the SCCR helped the Committee avoid the stalemate that had been evident at SAA’s prior attendance in November 2011. Thus, momentum has been maintained for continued work on library and archives exceptions at the three SCCR sessions scheduled for 2014.

Next Steps: Because of the positive outcome of SCCR 26 calling for continuation of “text-based” work on library and archives exceptions over the next three meetings in 2014, it will be important for SAA to secure funding to ensure that our archival voice, experience, and particular needs continue to inform both the NGOs and national delegates at the these sessions. In addition, to help make that representation most effective, the Intellectual Property Working Group will need to develop several concise case study statements or “issue briefs” to exemplify the particular archival dimensions of the eight remaining themes in the draft text being considered for a treaty. Finally, early consultations should be held with coalition partners to develop a strategy to ensure retention of the text’s orphan works provisions.

Background: Copyright law may be established by national laws, but it is international treaties, such as the Berne Convention and the 1996 World Intellectual Property Organization (WIPO) Copyright Treaty that provide the broad framework of copyright and authors’ rights. While current treaties allow nations to provide some exemptions to authors’ monopoly of exclusive rights, the areas for exceptions are quite limited, and none are mandated except in the recently treaty supporting exceptions for visual impaired persons.[1] Meanwhile, there continue to be onerous regimes for exclusive rights,[2] and it has been difficult to get attention to archivists’ and librarians’ specific interests in supporting acquisition, preservation, and accessibility of our of collections, and services to our users.

Fortunately, there are global actors with whom American archivists can collaborate. Thanks to 2004 and 2008 initiatives by Chile, Brazil, Uruguay, and Nicaragua, there has been a call for WIPO to develop treaty language that would require member states to enact education- and development-friendly exemptions into national law. The International Council on Archives (ICA) has commissioned a copyright working group to examine these issues, created a “white paper” entitled Current Issues in Copyright for Archives, and appointed the UK’s Tim Padfield as a representative to WIPO. By their joint work, ICA and the International Federation of Library Associations (IFLA) have created a plan to secure appropriate exceptions and limitations to copyright’s exclusive rights. The plan’s success, however, would require continued engagement in and representation at WIPO.

WIPO’s Standing Committee on Copyright and Related Rights (SCCR) is the body authorized to draft language for international treaties on copyright and generally meets twice a year. The possibility of “library and archives rights” was the subject of a special SCCR meeting in Geneva in November 2011. This meeting was the first time the Society of American Archivists was able to participate as an ad hoc Non-Governmental Organization (NGO) observer, and I attended as SAA’s representative. Subsequently, SAA applied for and was granted status as a permanent NGO observer, and on that basis sent me once again as a representative to the SCCR 26 meeting December 16-20, 2013. Given what I had observed in 2011, the protocol and process of the SCCR made much more sense in 2013. Perhaps this was just part of the learning curve, but it equally well could be a result of new leadership of the committee.

The effort to develop a treaty to provide exceptions and limitations for libraries and archives has been tied to development concerns of the “global South.” When the WIPO General Assembly adopted a development agenda in 2007, SCCR had a mandate to make development needs an integral part of its work. It commissioned Kenneth Crews to provide a report examining copyright laws of 149 of WIPO’s 184 member states.[3] Results, not surprisingly, showed wide variations in national practices and a general lack of provisions addressing library and archives needs. In 2010, SCCR expanded its consideration of exemptions and limitations to include provisions for visually impaired persons, libraries and archives, and education. Then, in June 2011, the 41-member Africa Group presented a draft WIPO treaty for these latter areas, based heavily on a 2010 proposal from IFLA. Finally, IFLA itself presented its own “Treaty Proposal on Copyright Limitations and Exceptions for Libraries and Archives” (TLIB) at the November 2011 meeting.[4] The draft was cosponsored by ICA, Electronic Information for Libraries (EIFL), and a library NGO called Innovarte.[5]

Although IFLA, as an NGO, cannot propose treaty language, at the 23^rd session of SCCR in November 2011 a coalition of Brazil, Ecuador, and Uruguay put forward a document incorporating all of the essential elements of IFLA’s proposal, and that document received standing for debate and discussion within SCCR. However, the discussion revealed deep divides among the national delegates. Developed countries argued that their separate laws already contained provisions to meet the needs of users for access to library and archival material and that no mandatory treaty was needed. Developing and lesser developed countries argued that the needs of their populations for access to information and knowledge was impaired by the lack of exceptions and limitations to copyright and particularly by the lack of an international instrument that could provide predictability and uniformity across national borders. At best, the developed countries suggested the adoption of so-called “soft law,” or guidelines that countries could adopt. At worst, some argued that attention to balancing copyright with exceptions and limitations was unnecessary use of the committee’s time.

In the end, while the November 2011 SCCR 23 could not agree on the nature of the “international instrument” it would be pursuing, it adopted a work plan to continue to discuss library and archives exceptions at its future meetings while also focusing attention on the creation of exceptions to support the needs of visually impaired persons (VIPs). Over the course of 2012 and through mid-2013 (i.e., SCCR 24-25), the Committee focused most of these discussion of exceptions on the VIP matter, but it did set a timetable to devote particular attention to the library and archives exceptions over the course of SCCR 26 through 29, with the objective of adopting a text for submission to a diplomatic conference in 2015.

Despite the seemingly intractable positions evident in 2011 and widely reported through early 2013 regarding VIP provisions, a June 2013 diplomatic conference in Marrakesh was able to reach an unexpected agreement on a VIP treaty. This was an important development because it represented a first. It elevated copyright exceptions to treaty status, and it involved obtaining consensus among hitherto seemingly irreconcilable parties.

The so-called “Miracle of Marrakesh” set the stage for potential drama at the December 2013 SCCR 26. Could the momentum of creating copyright exceptions carry forward from the VIP area to also support library and archives exceptions? Would the publishing industry, collective rights organizations, and the global north be able to argue that the exceptions created at Marrakesh had rebalanced copyright so that attention could now focus on other areas of exclusive rights, such as the long-deferred matter of exclusive rights for broadcasting organizations?

Preparations: Once it was clear that SAA Council would be funding participation at SCCR 26, I was asked to join various listservs and e-mail lists of other treaty advocates and invited to to brainstorm and coordinate positions among treaty-friendly NGOs. These collaborations involved assessing the variant drafts that national delegates had put forward for the 11 separate “topics” or provisions of a proposed treaty text and advising on which variant was best for our particular needs. Particularly important was being able to participate in the shaping of the message for a general publicity piece to explain to the public why copyright reform for libraries and archives mattered. Because of this access and participation, SAA was able to have its logo appear on the ultimate piece after we were sure that it adequately reflected archival as well as library concerns.[6] Throughout the entire preparation period, as well as during the week of SCCR, there were multiple and frequent consultations with the SAA Intellectual Property Workding Group (IPWG) and the SAA Executive Director, especially in drafting the main statement for SAA to present as well as the text for the “Side Event” presentation.

SCCR 26, December 16-20, 2013: The schedule for SCCR 26 allocated the first two days to a discussion of exclusive rights for broadcasting organizations, a question of limited interest to archivists. This was to be followed by two days devoted to exceptions and limitations for libraries and archives, and a final day discussing issues relating to whether exceptions could be created to support educational institutions and organizations. The session opened on December 16 with the election of Martin Moscoso of Peru as a new chair to lead the committee for the next two years. He had most recently served as facilitator over informal discussions between opposing sides at Marrakesh and had strong support from the Committee.

Moscoso proved adept at maintaining good order, identifying issues for potential consensus, and managing situations when positions of some national delegates conflicted sharply. The resultant draft text for the SCCR’s plan for future work suggests that the matter of the exceptions for libraries and archives being sought by the Africa Group (AG) and the Group of Latin American and Caribbean countries (GRULAC) will remain on the agenda. Overall, the SCCR session showed a much more positive spirit and productivity than that of November 2011.

Library and Archives Exceptions and Limitations: Despite some efforts by global North countries to extend the broadcasting discussion beyond the scheduled two days, the Chair directed the Committee to follow the previously agreed-upon allocation of time. After calling upon regional groupings and national delegates offered for general comments on library and archives exceptions, the floor was opened the floor for presentations by approximately two dozen NGOs.

Interventions from Non-Governmental Organizations: Unlike some other international bodies such as the telecommunications union where invited NGOs participate in floor debate, at SCCR NGOs’ formal involvement is limited to scheduled opportunities to offer statements or “interventions” on the policy issues before SCCR. By long convention, these interventions are limited to three minutes, with some prior chairs enforcing the time limit vigorously. The NGOs at SCCR contained representatives from both sides. Those speaking against the need for library and archives exceptions included Motion Picture Association, International Federation of Journalists, International Federation of Musicians, International Publishers Association, Group of Scientific, Technical and Medical Publishers, Federation of Reproductions Rights Organizations, etc. Those speaking in favor of L&A exceptions included the Canadian Library Association, Center for Internet and Society, German Library Federation, Karisma Fundaćion (Colombia human rights organization), IFLA, eIFL, ICA and the SAA. In his intervention, Jamie Love of Knowledge Ecology International pointed out that the needs of archives were particularly striking yet seemingly less complex than those of libraries.

A central part of my presence as SAA’s NGO representative at SCCR was this opportunity to provide a formal position statement to the Committee.[7] Within the allowed three minutes, I noted how the recent UNESCO “Universal Declaration on Archives” called for broad public access to archives. I also noted that because the public increasingly expected archival content be online, copyright represented a major barrier to the archival mission and to the public’s right to access. Noting the insufficiency of the U.S.’s Section 108 library and archives exceptions, I called the national delegates’ attention to the need to develop a treaty that would provide cross-border uniformity. I closed by suggesting that the viability of both archives and the copyright system required exceptions to support public access for heritage and accountability. The statement appears to have been well-received by treaty advocates based on several comments that received through the end of the week. Perhaps the best indication of this was the blog entry provided by Manon Ress of Knowledge Ecology International, who reproduced my statement in full, immediately preceded by her comment: “The room is clearly divided but the intellectual argument is being won by the libraries and archives. Here are some of the very strong statements.”[8]

Debate by National Delegates on Proposal for Library and Archives Treaty: Following a previously developed work plan, the Committee adopted a text-based discussion of the awkwardly titled: “Working document containing comments on and textual suggestions towards an appropriate international legal instrument (in whatever form) on exceptions and limitations for libraries and archives.” The work plan had called for discussion of the draft text through its 11 topics which had been built from texts first by the Africa Group and Brazil/Ecuador.[9] Over the two allocated days, the delegates were able to complete work on the first two topics (copying for preservation and for users), touch briefly on legal deposit (topic 3), and begin discussion of library lending (topic 4). Those skeptical of the need for an international treaty kept trying to steer the discussion toward a review of current national practices and the need to protect the authors’ interests. Advocates for the treaty emphasized the need for a base level of exceptions and the need to establish uniformity across national borders. Insofar as multiple phrasings of the the proposed provisions were left in document, those proposals appear to have basically survived the discussion, but it became clear that there was overlap among some of the themes, such as copying for users and library lending/document delivery. Thus, some consolidation could be expected. For archives, issues about preservation, including the need to remove limits on the number of preservation copies, were well handled. However, one of our most important topics, orphan works copying and distribution, was deeper into the work plan and was not addressed.

Overall, there was little change in the delegates’ positions during the meeting. In short, the global North argued that an international instrument was not needed because many countries had addressed these concerns with national laws. They therefore tried to steer SCCR’s work towards merely studying the laws and practices of member states. In addition, a number called for an update of Kenneth Crews’ 2007/08 study, presumably on the assumption that legislation in some countries may have changed in the past 6 years.

Throughout, the SCCR Chair worked to find a consensus for the future work. On the down side, it appeared that the complexity of the copyright issues archivists face are quite foreign to these policy makers, no matter how much we restated the principles that we would like to see incorporated into an international instrument. The discussion at SCCR 26 clarified that our most important task is to have a rich roster of simple, practical examples of how the lack of a specific exception militates against the public’s need for information and records. We also need to counter the claim that national laws already provide locally tailored solutions by explaining the cross-border, international nature of the problem. Good, clear, and provocative examples in our prepared remarks and in briefing sheets, will advance the understanding of friendly delegates. on whom we have to rely. The IFLA and eIFL representatives began working on such a set of

“Side Event” Presentation: SCCR meetings often include “side events” beyond the official proceedings of the Committee. These events include evening receptions as well as the more typical early afternoon panel sessions on some issue of relevance to the topics being considered. At SCCR 26, the Thursday December 19 side event, sponsored by IFLA, was titled “‘Digital Gridlock’” What Future for Libraries and Archives?” Its particular point was to clarify how access to library and archival material is impeded by copyright limits, and how the problem is fundamentally an international one that can only be solved by a treaty providing consistency across borders. The speakers were allocated five to ten minutes. I was asked to present on how copyright affected the future of archives. My remarks were titled, “It's My Heritage, Why Can't I Have It? The Unintended Consequences of the Digital Embargo.”

Realizing that neither the delegates nor all the other NGOs understood what archives contain and what archivists do, I drew on my own archives’ experience to describe the scope and use of institutional archives and manuscript collections. I focused on the increasing expectations to meet users needs via online holdings, and I emphasized how copyright in orphan works was a major impediment to meet these expectations. I cited an example of a NARA project where the use of its data files increased 335 times when the data were put online.[10] I made a special point of citing core statistics from Maggie Dickson’s University of North Carolina study to underscore the excessiveness of a strict authors’ rights and permissions regime for archival digital projects.[11] I closed with two specific examples drawn from collections and users at the University of Illinois Archives, in which key cultural heritage information was not readily available to individuals of those communities unless they could afford travel to see the originals. The presentation was well-received and generated some useful discussion during the question period. Overall, the “Side Event” was a successful opportunity to explain the archival concerns and clarify that they are not precisely the same as libraries’.

Education Exceptions: Friday morning, December 20, was devoted to general statements from NGOs, and regional and national delegates about the set of exceptions that the Africa Group had proposed to support educational organizations and educational activities. These call for a broad array of exceptions to allow copying and digitization of works in support of education and research activities at all levels. Overall, the concept appears to face a tough road ahead. Because this issue was at a very early stage, only the morning of the last day was dedicated to discussing it.

Conclusions and Closure of SCCR 26: One the defining elements of any SCCR meeting is the last day’s work to prepare a “Conclusions” document. It summarizes what work was completed during the session, including consensus statements on issues where possible. Most importantly it identifies the work plan and allocation of time in the coming SCCR meeting(s) for particular issues. Because the Conclusions define what it the SCCR has accomplished and where its priorities and policies are headed, each sentence in the relatively short document (generally 3-4 pages) is subjected to great scrutiny and sometimes nearly endless debate late into the night or wee hours of the morning.

Given the smoothness of the earlier days of the week, there was some hope that floor fights would be minimized and that the evening might end early. Unfortunately, that was not the case, even if the ultimate result was positive for those interested in library and archives exceptions. Those delegations advocating for a broadcast treaty and merely more study for the library and archives area launched an effort to allocate the majority of time in the next three SCCR meetings (i.e., three days in each) to broadcasting, with only two days in each for “exceptions.” Thanks to the some effective work by the librarians and archivists present in connecting with a few of the sympathetic to neutral country delegates, wording in the final version of Conclusion item 31 included the specific reference to libraries and archives as the lead topic for the latter two days of the April 2014 SCCR.

Nevertheless, the issue of relative allocation of time during the three 2014 SCCR meetings was contentious. Because of some persistent resistance by treaty-sympathetic countries, the Committee’s eventual consensus was that the allocation of days for the July and December SCCRs would need to be deferred pending outcomes of the April meeting. While this may seem a small accomplishment or even just a delaying action, in fact it reflects significant success by treaty advocates in not allowing the momentum from Marrakesh to be turned back.

Advocacy as Education of Multiple Publics: SAA’s experience at the SCCR in 2011 and especially in 2013 demonstrates that a central part of successful policy advocacy is not simply communicating our position, but also the extent to which we use the interchange as an opportunity for education. Because the policy makers and stakeholders whom we want to reach are only minimally aware of the mission and professional practices of archivists, influencing policy cannot start until we are recognized as a distinct sector with a mission that matters to the public and communities we serve. Ironically, the low visibility of archives and archivists among the public can work to our advantage in that if we sharpen our message carefully, we can immediately create a positive foundation for future interactions. By providing concise statements that focus on the broad cultural and educational value of archives combined with the substantial professional and ethical standards we have developed over the past three-quarters of a century, we can obtain not just respect for our mission but also a sympathetic hearing for our policy needs.

In this regard, according to comments from more than one of the stakeholders at SCCR 26, SAA was extremely effective in its communications and advocacy for the archives sector. SCCR 26 also demonstrated that archivists can obtain a hearing and audience for our concerns that is clearly well out of proportion to our inescapably small size. Indeed, it is the power of the archival message that has made stakeholders much larger than ourselves seek us out as coalition partners. In the process, we have gained significant leverage to advance our positions.

To the extent that SAA wishes to build on the success at SCCR 26, an infrastructure is needed for this advocacy. First, there needs to be a physical presence at WIPO. Many of the occasions SAA had for influencing the text of coalition advocacy pieces would not have arisen if our planned presence at SCCR had not opened the door to our participation in the coalition’s communication channels through which positions were formulated collaboratively. Only through these were we able to make clear to library and other prospective allies those fundamentally different and compelling archival needs. We to be able to dedicate significant amounts of time to collaboration in the weeks leading up to the meeting. Significant preparation is needed to prepare concise, targeted position statements that can be effectively delivered in time that is measured in seconds rather than minutes. The statements need be supplemented by practical examples of archival needs and the benefits to the public from our holdings and professional work. The examples need to reflect the breadth of the publics whom archives serve as well as how these relate to international policy objectives being sought.

It goes without saying that SAA’s representative has been absolutely dependent upon and grateful for the strong support provided by the Intellectual Property Working Group, especially its chair, and for the confidence and support of the SAA Executive Director. Education is essential for effective advocacy, but it is preeminently a team effort.

Endnotes

^[1]. According to the Berne Convention and the World Trade Organization’s 1994 TRIPS agreement, any exemptions provided by national legislation are supposed to meet a “three-step-test.” “Members shall confine limitations and exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the rights holder.” See: Berne 9.2. at http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html

^[2]. For example, the 1996 WIPO Treaty required countries to create legal prohibitions against circumventing any electronic copy-protection mechanisms that copyright holders have used on their works, making archival migration and preservation of electronic records very difficult.

^[3]. Kenneth Crews, Study of Copyright Limitations and Exceptions for Libraries and Archives, http://www.wipo.int/edocs/mdocs/copyright/en/sccr_17/sccr_17_2.pdf.

^[4]. Available at: http://www.ifla.org/en/node/5856 .

^[5]. The TLIB proposal calls for copyright exceptions and limitations that would enable libraries and archives to engage in: parallel importation; library lending; reproduction and supply of copies; preservation; making and distributing accessible copies for persons with disabilities; providing access to retracted, withdrawn, and orphan works; cross-border uses; translation of legally acquired works for specific users/user groups; freedom from contract provisions which would otherwise overwrite the exceptions; circumvent technological protection measures for lawful access; and enjoy limitations on liability for libraries and archives work.

^[6]. The resultant flyer can be seen at: http://www.ifla.org/files/assets/hq/topics/exceptions-limitations/ifla_wipo_message_overview_final.pdf

^[7]. The full text of the intervention on behalf of the SAA can be found attached as Appendix A.

^[8]. http://keionline.org/node/1863 Unfortunately, because the SAA’s acronym was mistranslated, WIPO interpreters muddled the translation of the SCCR Chair’s Spanish language introduction of my intervention. Thus, Ms. Ress misidentified the first text as being from the International Council on Archives. While the ICA intervention was quite good, the text Ms. Ress replicates on the KEI blog is a verbatim transcript of the SAA remarks. The video of the SAA presentation can be seen at: http://www.wipo.int/webcasting/en/index.jsp – Scroll down to below the title "Video on Demand," and in the right-hand menu, select “SCCR/26-Wed 18-English, Afternoon Session.” SAA’s intervention begins at minute 34.

^[9]. Those themes/topics, with a brief summary of the provisions being sought, were:

1): Preservation : It shall be permitted for libraries and archives to reproduce works, or materials protected by related rights, for the purposes of preservation or replacement, in accordance with fair practice.

2) Right of reproduction: A library or archives may reproduce and distribute a copy of a copyright work to a library user, or to another library or archive, for purposes of: education, private study by a users, or interlibrary document supply.

3) Legal deposit: Treaty member countries may determine that specific libraries and archives or any other institution shall serve as designated repositories in which at least one copy of every work published in the country is to be deposited and retained.

4) Library Lending: It shall be permitted for a library to lend copyright works, or materials protected by related rights, to a user, or to another library.

5) Parallel Importation: Libraries and archives shall have the right to buy, import or otherwise acquire copies of any work published in any other Member State with the permission of the author of that work.

6) Cross border uses: To the extent that it is necessary for the exercise of a limitation or exception provided for in this Treaty, cross-border uses shall be permitted.

7) Orphan works, works out of commerce. Libraries and archives shall have the right to reproduce, preserve and make available in any format or retracted any withdrawn works from public access or orphaned works.

8) Limitations on Liability: A librarian or archivist acting in good faith within the scope of his or her duties, is protected from claims for damages, from criminal liability, and from copyright infringement.

9) Technological Protection Measures: Libraries and archives may circumvent technological protection measures to exercise any of the rights provided by this treaty. 10) Contracts: contractual provisions may not overwrite the limitations and exceptions.

10) Margaret O’Neill Adams, “Analyzing archives and finding facts: use and users of digital data records,” Archival Science 7( 2007):21–36.

11) Maggie Dickson, “Due Diligence, Futile Effort: Copyright and the Digitization of the Thomas E. Watson Papers,” American Archivist 73 (2010): 626-36.

For more details visit http://editors.cis-india.org/news/society-of-american-archivists-july-2-2014-maher-reports-on-wipo-copyright-deliberations

Domain Name System Forum 2014

praskrishna — 2014-07-03T09:03:07Z

For more details visit http://editors.cis-india.org/internet-governance/blog/domain-name-system-forum.pdf

Implications of post-Snowden Internet localization proposals

praskrishna — 2014-07-03T07:09:25Z

The Ninth Annual Internet Governance Forum (IGF) Meeting will be held in Istanbul, Turkey on 2-5 September 2014. The venue of the meeting is Lütfi Kirdar International Convention and Exhibition Center (ICEC).

Sunil Abraham will be speaking in this workshop organized by Internet Society and Center for Democracy and Technology at the IGF.

Following the 2013-2014 disclosures of large-scale pervasive surveillance of Internet traffic, various proposals to "localize" Internet users' data and change the path that Internet traffic would take have started to emerge.

Examples include mandatory storage of citizens' data within country, mandatory location of servers within country (e.g. Google, Facebook), launching state-run services (e.g. email services), restricted transborder Internet traffic routes, investment in alternate backbone infrastructure (e.g. submarine cables, IXPs), etc.

Localization of data and traffic routing strategies can be powerful tools for improving Internet experience for end-users, especially when done in response to Internet development needs. On the other hand, done uniquely in response to external factors (e.g. foreign surveillance), less optimal choices may be made in reactive moves.

How can we judge between Internet-useful versus Internet-harmful localisation and traffic routing approaches? What are the promises of data localization from the personal, community and business perspectives? What are the potential drawbacks? What are implications for innovation, user choice and the availability of online services in the global economy? What impact might they have on a global and interoperable Internet? What impact (if any) might these proposals have on user trust and expectations of privacy?

The objective of the session is to gather diverse perspectives and experiences to better understand the technical, social and economic implications of these proposals.

Name(s) and stakeholder and organizational affiliation(s) of institutional co-organizer(s)

Organizer:
Nicolas Seidler, Policy advisor
Technical community
Internet Society
Co-organizer:
Matthew Shears
Civil society
Center for Democracy and Technology

Names and affiliations (stakeholder group, organization) of speakers the proposer is planning to invite

Mr. Chris Riley, Senior Policy Engineer, Mozilla Corporation, Private sector (CONFIRMED)
Mr. Jari Arkko, Chair of the Internet Engineering Task Force, Technical community (CONFIRMED)
Mr. Christian Kaufmann, Director Network Architecture at Akamai Technologies, Private sector (CONFIRMED)
Ms. Emma Llanso, Director of Free Expression Project, Center for Democracy and Technology, Civil Society (CONFIRMED)
Mr. Sunil Abraham, Executive Director, Center for Internet and Society, India, Civil Society (CONFIRMED)
Mr. Thomas Schneider, Deputy head of international affairs, Swiss Federal Office of Communication (OFCOM), Government (CONFIRMED)

Name of Moderator(s)

Nicolas Seidler, Policy advisor, Internet Society

Name of Remote Moderator(s)

Konstantinos Komaitis

For more details visit http://editors.cis-india.org/news/igf-2014-session-post-snowden-localisation

Research Advisory Network Agenda

praskrishna — 2014-07-03T06:38:00Z

For more details visit http://editors.cis-india.org/internet-governance/blog/research-advisory-network-agenda.pdf

Informal Discussion

praskrishna — 2014-07-02T15:02:30Z

For more details visit http://editors.cis-india.org/a2k/blogs/informal-discussion.pdf