Centre for Internet and Society

Parmesh

praskrishna — 2011-01-24T12:58:07Z

For more details visit http://editors.cis-india.org/home-images/parmesh05.jpg

Parliament panel blasts govt over ambiguous internet laws

praskrishna — 2013-03-28T08:37:30Z

The Parliamentary Standing Committee on Subordinate Legislation has come out with a report in which it has lambasted the government and asked it to make changes to IT rules that govern internet-related cases in India.

This article by Ishan Srivastava was published in the Times of India on March 28, 2013. Pranesh Prakash is quoted.

It said in the report that multiple clauses in the laws had inherent ambiguity and that discrepancies exist in the government's stand on whether some rules are mandatory or only of advisory nature.

The committee said that inherent ambiguity of words like 'blasphemy' and `disparaging', among others, could lead to harassment of people as has happened with Section 66A of the IT Act repeatedly in recent times. Incidents include the arrest of two girls over 'liking' a Facebook post and a defamation case against an individual for an 'offensive' tweet. It has also been used by multiple politicians to suppress voices of dissent by branding them as 'defamatory'.

These ambiguous terms are used in the Intermediary Guidelines rules, passed in April 2011, which the committtee said could lead to legitimate speech being removed. Also, the Standing Committee noted that many categories of speech prohibited by the Intermediary Guidelines rules were not prohibited by any statute, and hence could not be prohibited by the government through these rules. The Standing Committee has asked the government to ensure that "no new category of crimes or offences is created" by these rules.

The committee also said that discrepancies exist in the nature of implementation of these laws. While the government's stand is that Intermediary Guidelines are only "of advisory nature and self-regulation" and that "it is not mandatory for the Intermediary to disable the information", the wording of the laws suggest otherwise. In many of the laws, terms like "shall act" within 36 hours are used. The committee said that there was a "need for clarity on the aforesaid contradiction" and "safeguards to protect against any abuse" since it could lead to censorship.

"The government has told the Committee that the rules are for "self-regulation", but they in fact aren't. The rules dictate what content cannot be hosted. And our research found that intermediaries react to fake takedown requests too, just to avoid being liable for their users' content. This is not self-regulation, but government-mandated private censorship," said Pranesh Prakash, policy director at the Centre for Internet and Society (CIS). CIS is a Bangalore-based non-profit body looking at issues of public accountability, privacy, free expression, and openness, and has consistently argued that many parts of the IT Act are unconstitutional.

The committee also suggested that all evidence relating to foreign websites refusing to honour Indian laws should be made public and a public debate should be encouraged as the internet is a global phenomena. Recently there have been instances of issues between the Indian government and tech giants like Facebook and Google related to censorship and taking down of 'offensive' and 'defamatory' content.

While the government's stand is that Intermediary Guidelines are only "of advisory nature and self-regulation" and that "it is not mandatory for the Intermediary to disable the information," the wording of the laws suggest otherwise.

For more details visit http://editors.cis-india.org/news/times-of-india-ishan-srivastava-march-28-2013-parliament-panel-blasts-govt-over-ambiguous-internet-laws

Paritosh

praskrishna — 2012-01-19T12:30:03Z

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

Paranjoy Guha Thakurta

praskrishna — 2012-06-27T06:52:50Z

Paranjoy Guha Thakurta is an independent journalist and an educator. His work experience, spanning nearly 35 years, cuts across different media: print, radio, television and documentary cinema. He is a writer, speaker, anchor, interviewer, teacher and a commentator. His main areas of interest are the working of India’s political economy and the media, on which he has authored/co-authored books and directed/produced documentary films. Some of the media organizations that he has worked with are Business India, BusinessWorld, The Telegraph, India Today, The Pioneer, and Television Eighteen.

For more details visit http://editors.cis-india.org/telecom/knowledge-repository-on-internet-access/paranjoy-guha-thakurta

Paranjoy Guha Thakurta

praskrishna — 2013-03-11T11:40:16Z

Paranjoy Guha Thakurta

For more details visit http://editors.cis-india.org/home-images/Paranjoy.png

Paraguay Protests

praskrishna — 2013-09-20T03:36:42Z

Paraguay Protests

For more details visit http://editors.cis-india.org/home-images/paraguayprotests.png

Paper-thin Safeguards and Mass Surveillance in India File

praskrishna — 2015-06-20T10:12:04Z

For more details visit http://editors.cis-india.org/internet-governance/blog/paper-thin-safeguards.pdf

Pankaj Jhunja

praskrishna — 2012-04-11T10:53:05Z

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

Panel suggests law to protect individual privacy

praskrishna — 2012-10-22T14:37:28Z

A government-appointed expert panel Thursday called for a law to protect individual privacy against misuse of information collected by various agencies, public and private, and through various methods like telephone tapping.

Published in Newstrack India on October 18, 2012.

Concerns have been voiced by various quarters in the country on the possible invasion of citizen's privacy guaranteed under Article 21 of the Constitution through national programmes like Unique Identification number, reproductive rights of women, DNA profiling and brain mapping which will be implemented through the information, communication and technology (ICT) platforms.

Minister of State for Planning Ashwani Kumar last year had constituted the experts group to identify the privacy issues and prepare a report to facilitate authoring of the privacy bill.

The group, headed by former Delhi High Court Chief Justice A.P. Shah, recommended setting up of a regulatory framework comprising Privacy Commissioners at the centre and regional levels to deal with privacy issues and mandatory destruction of telephone conversation after a specified period.

As regards the specific issue of phone tapping, it said "interception orders must be specific and all interceptions would only be in force for a period of 60 days and renewed for a period up to 180 days".

It suggested that the records of the conservation should be destroyed by security agencies and telephone service providers within stipulated time frame.

"Records of interception must be destroyed by security agencies after six months or nine months and service providers must destroy after two or six months," it said.

Acccording to an official release, the following are some of the major recommendations made in the panel's report:

The regulatory framework will consist of Privacy Commissioners at the Central and Regional levels.

A system of co-regulation that will give self-regulating organizations at industry level choice to develop privacy standards which should be approved by a Privacy Commissioner.

Individuals would be given the choice (opt-in/opt-out) with regard to providing their personal information and the data controller would take individual consent only after providing inputs of its information practices.

The data controller shall only collect personal information from data subjects as is necessary for the purposes identified for such collection as well as process the data relevant to the purpose for which they are collected.

The data collected would be put to use for the purpose for which it has been collected. Any change in the usage would be done with the consent of the person concerned.

Data collected and processed would be relevant for the purpose and no additional data elements would be collected from the individual.

Interception orders must be specific and all interceptions would only be in force for a period of 60 days and renewed for a period up to 180 days. Records of interception must be destroyed by security agencies after 6 months or 9 months and service providers must destroy after 2 months or 6 months.

Infringement of any provision under the Act would constitute an offence by which individuals may seek compensation for an organization/bodies held accountable to.

Note: CIS was part of the expert committee even though not explicitly mentioned.

For more details visit http://editors.cis-india.org/news/newstrackindia-october-18-2012-suggests-law-to-protect-individual-privacy

Panel on Privacy, Surveillance & the UID in the post-Snowden era

praskrishna — 2013-11-26T19:05:54Z

The Centre for Internet and Society (CIS) and the Say No to UID campaign invite you to a discussion on the UID and on the implications of the world's largest biometric data collection scheme in a post-Snowden era. The panel will take place on November 30th at the Institution of Agricultural Technologists in Bangalore.

Probably one of the most important things that we learnt following the Edward Snowden revelations is that our data has value. In fact, what we learnt is that our data has immense value...since it is clearly worth billions of dollars — to say the least.

However, not only does India lack privacy legislation which could safeguard our data from potential abuse, but it is also currently implementing some of the most controversial surveillance schemes in the world, in addition to the world's largest biometric data collection scheme. What's probably more alarming is that such schemes, such as the UID, lack legal backing, as well as public and parliamentary debate!

We aim to change that. As such, the Centre for Internet and Society (CIS) and the Say No to UID campaign jointly invite you to attend a panel which will discuss all of these crucial topics.

Schedule of panel:

3.30pm - 4pm: Tea/Coffee/Refreshments & Registration

4pm - 5.30pm: Panel on Privacy, Surveillance & the UID in the post-Snowden era

5.30pm - 6pm: Q&A and Open Discussion

Panelists:

- Dr. Usha Ramanathan: Academic, Jurist and Activist

- K V Narendra: Director of Rezorce Research Foundation

- Vinay Baindur: Researcher on Urban Local Government & Decentralisation

- Maria Xynou: Policy Associate on the Privacy Project at the Centre for Internet & Society

For more details visit http://editors.cis-india.org/events/panel-on-privacy-surveillance-uid-in-the-post-snowden-era

Panel Discussion on UID/ Aadhar act 2016 and its impact on Social, Security

praskrishna — 2016-04-28T17:02:59Z

Sunil Abraham was a speaker at this event organized by Students Christian Movement of India at SCM House in Bangalore on April 25, 2016. Mathew Thomas and Usha Ramanathan also gave talks.

With the passage of the Aadhaar act 2016 is UID / Aadhar mandatory now? How do we understand the issue of Social Security in the context of the new law? What does it mean for those who need to access their senior citizen pension, rations, school and college scholarships, etc.

How does one understand the money bill route for introducing the bill in Parliament? What are implications of this for the validity of the law?

What will happen to the court cases challenging the UID now?

Where are we now on the thorny issues of surveillance, tracking, profiling, biometrics, private and foreign companies and subsidy? What does the law say?

This discussion will revisit the debates around the UID and examine the implications of the new law.

For more details visit http://editors.cis-india.org/internet-governance/news/panel-discussion-on-uid-aadhar-act-2016-and-its-impact-on-social-security

Panel Discussion on UID – Its Feasibility, Utility and Legality

praskrishna — 2011-05-25T04:11:48Z

A panel discussion on "UID, its feasibility, utility and legality" is being organised by Citizen’s Action Forum, Grahak Shakti and the Centre for Internet and Society. It would be held at The Energy and Resources Institute (at TERI auditorium) in Domlur, Bangalore (near Domlur Club) on Thursday, May 26, 2011. The program commences with lunch at 1 p.m. and ends at 5.30 p.m. You are cordially invited to attend this program.

The panel members would include Mr. Rama Jois (former Chief Justice of Chattisgarh High Court and present Member of Parliament), Mr. Moinul Hassan (Member of Parliament), Mr. Narendra Babu (Member, Legislative Assembly, Karnataka), Mr. V P Sudarshan (former Chairman, Legislative Council of Karnataka and present speaker of Congress party) and Mr. Venkatesh Baberjung, Advocate, High Court of Karnataka.

The National Identity Authority of India Bill, 2010 has been placed before the Parliament by the Government. This Bill has been referred to the Parliamentary Standing Committee on Finance. Mr. Moinul Hassan is a member of this committee. The committee has held one sitting where the Chairman, UIDAI, Mr. Nandan Nilenkani was asked for certain clarifications on the Bill.

The UID project is now under implementation at Mysore. It is scheduled to be launched in Bangalore in June 2011. The Central Government has decided to include caste and religious data in the census. The linkages between UID and the census could come up for discussion among panel members.

UIDAI officials and government officials from the Department of E-Governance, Government of Karnataka have been invited as panel members.

The subject of the discussion is thus topical and of high public interest and importance. We cordially invite you to the lunch and to cover the event so that the public could become aware of issues concerning the same.

The programme schedule is as follows:

1.00 p.m. to 2.00 p.m. - Lunch
2.00 p.m. to 2. 15 p.m. - Welcome and introduction by sponsoring organisations and moderator
2.15 p.m. to 3.00 p.m. - Opening statements by panel members
3.00 p.m. to 4 p.m. - Panel discussions
4.00 p.m. to 4.15 p.m. - Tea
4.15 p.m. to 4.45 p.m. - Panel discussions and questions to panel from audience
4.45 p.m. to 5.15 p.m. - Open House for Audience views
5.15 p.m. to 5.30 p.m. - Concluding remarks by panel members

For more details visit http://editors.cis-india.org/events/uid-panel-discussion

Panel Discussion on E-Commerce at NLSIU

praskrishna — 2013-02-03T10:37:05Z

Pranesh Prakash was a panelist at this event held at the National Law School of India University on January 7, 2013.

Suswagata Roy posted a report of this event in Cool Age on January 19, 2013.

E-Commerce in India has brought about a revolution and has changed the way businesses are conducted. In a short period of time, E-Commerce has seen tremendous growth and has been able to generate a market for itself. This definitely seems to be just the beginning and a bright future awaits it.

Given that E-Commerce is a hot topic and has already given rise to some pertinent legal issues, the Law and Technology Committee of National Law School of India University held a panel discussion on the same on 7^th Jan, 2013 at 4 PM in the Training Centre, NLSIU Campus. The Panel, which consisted of Mr. Stephen Mathias (Partner, Kochhar and Co.), Mr. Pranesh Prakash (Policy Director, Centre for Internet and Society) and Mr. N. Vijayashankar (founder Chairman of Digital Society Foundation), focused on three issues in order to bring forth their key points.

The issues that were highlighted through the discussion were:

1. E-Commerce and Privacy: Privacy and the internet has been an important issue with which the legal community has been grappling for a long time. There are no specific legislations in India which protect privacy especially in relation to the internet. Protecting private and confidential information of the users is a primary concern of E-Commerce websites which also highlights the related issue of data protection. The customers' financial information is in special need of protection. While dealing with this issue questions like who is responsible for such protection, what data can be shared and what usage will it be put to use will have to be looked at? While dealing with privacy how the government will create a balance between protecting confidential information and providing information to the regulators to ensure no sham transactions, money laundering and tax evasion is being carried on needs to be addressed.

2. E-Commerce and its compatibility with other laws: the need for a separate Act:E-Commerce has definitely given rise to a new form of transaction. Thus, related laws such as law of contracts, law of evidence, taxation will all have to evolve to accommodate the new form of legal dealing. Contracts will have to evolve to validate such online transactions while law of evidence will have to evolve in order to sustain disputes based on such transactions. Many pertinent questions relating to intellectual property rights also arise especially in the area of copyrights. While minor amendments have been made to the Indian Evidence Act and to the Information Technology Act, they are not sufficient to handle this advanced method of conducting business. Moreover, the Information Technology Act is an enabling Act and this complicates matters even more. These issues give rise to the obvious question of needing a separate Act to regulate E-Commerce. An E-Commerce bill was drafted in 1998 which has never been given any attention and which may not be relevant anymore after the changes that technology has undergone over more than a decade.

3. E-Commerce and Cyber Crimes: E-Commerce has opened new avenues of dealing with consumers in the virtual world and thus, has opened new modes of proliferation of cyber crimes. It has resulted in an increased need to secure the laws in relation to fraud prevention, money laundering and phishing. It is imperative to look at the cyber laws in India and whether they are sufficient to deal with such issues in the wake of E-Commerce. How should the law deal with such issues and what regulatory compliances are required for E-Commerce websites in order to deal with these issues?

Thus, though E-Commerce is on the rise and is a welcome way of conducting business and has entranced many consumers, its effective utilizations and growth is viable only if a sturdy legal framework is in place. The panel discussion brought forth such issues and discussed the solutions for the same.

For more details visit http://editors.cis-india.org/news/panel-discussion-on-e-commerce-at-nlsiu

Panel discussion on 'How to Avoid Digital ID Systems That Put People at Risk: Lessons from Afghanistan' at Freedom Online Conference

praskrishna — 2021-12-03T14:52:35Z

Amber Sinha participated as a panelist in a panel discussion on How to Avoid Digital ID Systems That Put People at Risk: Lessons from Afghanistan at the Freedom Online Conference yesterday.

The Freedom Online Coalition (FOC) was established in 2011 in response to the growing recognition of the importance of the Internet for the enjoyment of human rights. Periodically, the FOC holds a multistakeholder Conference that aims to deepen the discussion on how online freedoms are helping to promote social, cultural and economic development. The ownership of the Conference program and outputs lies with the host country, most often the Chair of the Coalition during that year.

The aim of the panel was to use the lessons learned from the Afghanistan case to take a critical and realistic look at the implementation of digital identification programs around the world. A video of the panel can be accessed here.

For more details visit http://editors.cis-india.org/internet-governance/news/panel-discussion-how-to-avoid-digital-id-systems-that-put-people-at-risk

Panel Discussion – Intermediary Liability & Freedom of Expression in India

praskrishna — 2014-04-04T10:10:32Z

Bhairav Acharya will participate in a panel discussion on ‘Intermediary Liability & Freedom of Expression’ on Wednesday evening (26th March 2014) from 6:00 pm onwards at the India International Centre Annex. The event is organized by the Centre for Communication Governance at NLU Delhi in association with the Global Network Initiative, Washington D.C.

The panel comprises of three eminent personalities: Shyam Divan, Senior Advocate, Supreme Court of India; Siddharth Varadarajan, Journalist and Senior Fellow, Centre for Public Affairs and Critical Theory, New Delhi and; Jermyn Brooks, Independent Chair, Global Network Initiative, Washington D.C.

The objective of the panel was to focus on the Indian legal framework governing Internet platforms and explore questions related to Internet intermediaries and the balance that should be involved in regulations affecting user-generated content, in the context of the civil liberties that are key to democracy, in particular free expression and privacy. The discussion was aimed at drawing connections between this ostensibly Internet-related issue and the traditional media, to highlight recurring issues and useful perspectives.

For more details, click here.

For more details visit http://editors.cis-india.org/news/panel-discussion-intermediary-liability-and-freedom-of-expression-in-india