Centre for Internet and Society

National Consultation on Media Law

praskrishna — 2014-09-30T06:52:50Z

The Law Commission of India and the National University, Delhi have joined hands to organize the National Consultation on Media Law at the India Habitat Centre in New Delhi on September 27 and 28, 2014. Nehaa Chaudhari participated in this event.

Click to view the:

For more details visit http://editors.cis-india.org/internet-governance/news/national-consultation-on-media-law

National Consultation on Inclusion of Persons with Disabilities in Development Process

praskrishna — 2014-03-12T13:46:35Z

On February 12, 2014, CBM India in collaboration with United Nations Solution Exchange (UNSE) for Gender Community organized a 'National Consultation on Inclusion of Persons with Disabilities in Development Processes' at the World Health Organization (WHO), Regional office for South-East Asia in New Delhi. Around 85 delegates attended the consultation

Anandhi Viswanathan participated in a panel discussion. She made a presentation on the National Resource Kit project, the challenges faced during the research phase of the project and contributed to the recommendations being submitted to the government of India by CBM regarding inclusion of persons with disabilities in development processes.

See more details of the event of CBM website.

For more details visit http://editors.cis-india.org/news/national-consultation-on-inclusion-of-persons-with-disabilities-in-development-process

National Conference: WTO, FTAs and Investment Treaties: Implications for development policy space

praskrishna — 2015-10-02T03:41:00Z

The conference was jointly organized by Focus on the Global South, Institute for Studies in Industrial Development (ISID), Madhyam, MSF Access Campaign, National Working Group on Patent Laws and WTO (NWGPL), Public Services International (PSI) – South Asia, South Solidarity Initiative – ActionAid, Third Word Network (TWN), and Forum against FTAs. Nehaa Chaudhari attended the event.

Nehaa Chaudhari made a presentation on Copyright: Access to Knowledge in Free Trade Agreements?

Day 1:

9.00 to 9.30 : Registration

9.30 to 10.00: Welcome and Introduction,

Prof Murthy, ISID

Shri. TN Chaturvedi, President of ISID

Prof Goyal, ISID

Prof. Dinesh Abrol, ISID

Shalini Bhutani, Legal researcher

( The session will cover objectives of the meeting, meeting schedule with purpose why people need to come forward and strategize and brief self-introduction by participants and state the introduction to the conference in very brief (2Mins to participants))

10.00 to 11.30: Session 1: Trade and Investment regimes: An overview of implications for development policy space

(The session will provide overview of macro-economic framework with the critical perspective over current state of play on WTO, FTAs and bilateral investment treaties (BITs)).

Chair: Shri. Muchkund Dubey, Centre for Social Development (CSD)

Panel of speakers:

Prof. Biswajit Dhar, Jawaharlal Nehru University (JNU) – Current dynamics of trade and investment negotiations: Issues and options. (Synthesis of our views and what India should do – presentation of the background paper to the conference- Speech will cover elements of trade negotiations scenario, update on WTO, FTAs, BITs

Shri. Rajiv Kher, Former Commerce Secretary, Ministry of Commerce, Government of India - WTO negotiations: Challenges Ahead,

Deborah James, Our World Is Not For Sale (OWINFS) network: Overview of recent developments in WTO negotiations and Challenges Ahead

Followed by Discussion:

11.30 to 11.45 Tea

11.45 to 1.30: Manufacturing sector and Challenges for policy space

(The session will provide an overview of challenges for employment and development emerging from proposed trade agreements such as NAMA, Information technology agreement (ITA), Environmental Goods Agreement (EGA), and impact of FTAs. It will also critically analyze Global Value Chain arguments, Make in India initiative, protecting policy space, employment and trade union rights issues)

Chair: Prof. Biswajit Dhar, Jawaharlal Nehru University (JNU)

Panel of speakers:

Smitha Francis, ISID – FTAs, NAMA, ITA and EGA – Implications for Manufacturing sector

Amb. Jayant Das Gupta, Former Ambassador of India to the WTO - Issues and options in Non-Agricultural Market Access negotiations in WTO

Respondents: 5 to 7 Mins

Amitava Guha, Centre of Indian Trade Unions (CITU) / FMRI (TBC)

Gautam Mody, New Trade Union Initiative (NTUI)

Saji Narayanan, Bharatiya Mazdoor Sangh (BMS)

1.30 PM to 2.30 PM: Lunch

2.30 PM to 4.00 PM: Services Liberalization and Privatization – Part 1

(The session will focus on RCEP, TPP and TISA highlighting the corporate agenda in services liberalization. The session will then look at key sectors evaluating the extent of liberalization that has taken place and routes through which development policy is being lost.)

Moderator: Benny Kuruvilla, South Solidarity Initiative

Services liberalization: The Corporate Agenda: Deborah James, CEPR

Banking and insurance sector liberalization: Prof. C.P.Chandra Sekhar

Responses:

Banking sector Unions: Thomas Franko, All India State Bank Officers Association (TBC)

Insurance sector Union: V Narasimhan, All India National Life Insurance Employees Federation (AINLIEF)

4.00 to 4.15 Tea Break

4.15 to 6.00: Services Liberalisation – Part 2: Impacts on essential services

(The session will focus on key essential services and assess the extent of liberalisation achieved through different routes and the challenges posed by the TISA agenda).

Moderator: PSI

Panel of speakers: Health system: privatization and challenges to domestic regulation: Amit Sengupta, People’s Health Movement (PHM) – Challenges from autonomous liberalization and TISA, (Presentation will also cover the issue of Movement of health professional - debunking Mode 4.).

Privatization of education: Anil Sadagopal, All India Right to Education Forum Anil Sadagopal/ or JJ Thilak, National University of Education Planning and Administration (NUEPA) (presentation will focus on Foreign universities) (TBC)

Privatisation of electricity: EAS Sharma (TBC)

Responses:

Water sector: Jammu Anand, National Platform against water privatization / or someone from Karnataka

Day 2

9.30 AM to 11.30 AM: Trade policies and Agriculture: Challenges to food sovereignty and local communities

(The session will discuss challenges emerging from trade policies in the agriculture sector with the focus on WTO negotiations and India’s FTAs. It will also include views from representatives of farmers’ organizations)

Chair: Ranja Sengupta, TWN (We will say we are looking forward to strategy related suggestions)

Panel

Prof. Abhjit Das, Indian Institute of Foreign Trade (IIFT): Agriculture and challenges emerging from trade negotiations / Ranja in case of (Speech will cover key agriculture issues in WTO Agreement on Agriculture and FTAs)

Afsar Jafri, Focus on the Global South – Food sovereignty, Peasant livelihood and free trade

Shalini Bhutani, Legal Researcher – Seeds and Intellectual Property Rights – implications for local communities

Responses (5 to 7 min.)-

Sridhar - ASHA

Biraj Patnaik - Right to Food Campaign -

Yudhvir Singh - Via Campasina

Kannaiyan - Via Campasina

Vijoo Krishnan - All India Kisan Sabha (AIKS)

11.30 am to 11.45: Tea Break

Discussion

11.45 to 1.15

Investment regime and Challenges for Development:

Moderator: Prof. Chimni, JNU

Kavaljit Singh, Madhyam: Investment regimes and challenges for development (20 min)

Prof. Chalapaty Rao, ISID: FDI and Development demystifying foreign investments' contribution to development (10 min)

Kajal Bharadwaj, ISDS case studies (health, mining and environment cases)

(The session will demystify issues around BIPAs and Foreign Direct investment. It will cover issues emerging from FTAs through BIPA, and review of BIPA with example of ISDS cases)

Responses:

FDI in Retail: Dharmendra Kumar / Praveen

Natural resources and Infrastructure Investment: NAPM – Madhuresh /Forest Workers

Infrastructure Investment in North East: Ramananda Wangkheirakpam, North East Peoples’ Alliance (NEPA)

1.15 to 2.15 Lunch Break

2.15 to 3.15: Session on Intellectual Property

Chair: Prof. Dinesh Abrol, ISID

Medicines - MSF Access Campaign

“TRIPS – State of Play in WTO negotiations” By Gopakumar, Third World Network (TWN)

“Copy rights: Access to knowledge” by Neha Chowdhury (CIS)

3.15 to 5.15 The Way Forward

(Starts with presentation from moderators on key issues raised in sectoral sessions. From each section draw a broad conclusion and arrange them towards a declaration or statement of unity)

Chair: Prof. Deepak Nayyar

Moderators: Prof. Dinesh Abrol and Shalini Bhutani

Valedictory address by Shri. S P Shukla (TBC)

Creating a Time line of key moments

4.00 to 4.15 Tea Break

4.15 to 5.45 Conclusion

5.45 to 6.00: Vote of Thanks

For more details visit http://editors.cis-india.org/a2k/news/national-conference-wto-ftas-and-investment-treaties-implications-for-development-policy-space

National Conference on: Harnessing technology for the empowerment for the persons with visual impairments

praskrishna — 2014-02-03T10:38:53Z

Dr. Nirmita Narasimhan participates as a speaker at this event. The event is organized by NIVH.

Click to read the complete agenda published by NAB Centre for Blind Women & Disability Studies

Background Note

As we all are aware, Assistive Technolgy has played an unprecedented role in equalizing opportunities and in improving the quality of life of people with disabilities in last few years, with solutions helping in the elimination of barriers in all kinds of environments.

However, inspite of the advanced development, the Assistive technology for the VI has been confined to special devices leading mostly to disparate solutions. These devices also are most often rendered incompatible with the quickly changing technological landscape interfacing with all sectors of development, making it unaffordable or obsolete for people with disabilities to communicate with the highly digital and networked society in the contemporary world. This disparity further isolates the disabled population calling out for a more holistic approach to make the mainstream technology accessible from the designing stage.

Moreover, increasingly all services in every sphere of life, be it employment, education, communication, entertainment, civic participation, or government functions are moving either primarily or exclusively online worldwide.

While for PWDs, the Internet has a great potential to enhance their freedom to access goods, services and information independently through online services; a sizeable population of people especially with visual impairment are increasingly finding it difficult to access online services and information due to design barriers. This is becoming an alarmingly serious issue in the near future, considering the engagement of vital sectors like banking and publications with technology.

We already face a rate of unemployment that is more than 3 times as high as the rest of the population and experience similar gaps in educational achievement. High levels of inaccessibility on the Web and Internet-enabled mobile technologies are threatening to exclude people with visual impairment even further, who experience disability from the information society.

The potential of an accessible Internet is immense which could not only increase the inclusion of people with disabilities and facilitate online education, telework, participation in e-government, but also would enable social relationships that overcome barriers and challenges presented by the physical world.

We are, therefore, in a situation of necessity, to harness the enormous prospects of technology to create an empowering, economically progressive and inclusive society, with a new approach to implement the public policy to eliminate the virtual barriers that are in place, ensuring that people with disabilities are not marginalized.

The need of the hour is to develop an accessible technology plan to

Define the accessible technology strategy,
Identify requirements,
Design, develop, and purchase technology,
Implement and Train in a timely manner

The national conference on ` Harnessing technology for the empowerment for the persons with visual impairments’ being organised by the NIVH, a premier Institute of Government of India in the field of visual disability functioning under the administrative control of Ministry of Social Justice & Empowerment to be held on 19th Nov 2013 aims to create opportunities of exploring the potential of inclusive solutions which are designed to serve all people regardless of their physical abilities.

The conference would bring together best practices models from India and abroad. It would facilitate interaction between the inclusive design experts for online services & accessible information and the officials from all levels of government and PSUs. The conference will in particular address the problems and potential solutions with reference to access to banking services, web and online services, access to documents and publications in digital, Braille and audio formats, and access to Digital Television
On the sidelines of the conference, a small exhibition will display a range of products hardware and software rendering possible solutions.

It is understood that all the participants invited to this conference have a critical role in the implementation of legal commitments and policy decisions for creating an accessible, enabling and empowering environment in which people can access all the services and information intended to benefit all citizens of the country.

Draft agenda

9:00 – 9:30 a.m.: Registration
9:30 a.m.- 10:20 a.m.: Inaugural Session
9:30 a.m.: Felicitations
9:36 a.m.: Lighting of Lamp followed by a devotional song
9:40 a.m.: Welcome address by J.S. DDA and objectives of the Conference
9:45 a.m.: Address by Secy. DDA
9:55 a.m.: Key Note address
10:15 a.m.: Vote of Thanks by Director NIVH
10:20-10:40 a.m.: Tea Break
10.40 a.m.: Plenary Session 1
11.40 a.m.: Plenary Session 2
2.15 p.m.: Plenary Session 3
4.00 p.m.: Plenary Session 4

For more details visit http://editors.cis-india.org/news/nabcentreforwomen-november-19-2013-national-conference-on-harnessing-technology-for-the-empowerment-for-the-persons-with-visual-impairments

National Conference on Use of Technology in Higher Education

praskrishna — 2014-03-06T07:30:32Z

The Ministry of Human Resource and Development and Planning Commission in partnership with Microsoft Research and British Council organized a conference at the Indian Institute of Technology in Bombay on February 25, 2014.

Nehaa Chaudhari participated in the event as a panelist in the session on "Future of Content Creation".

Click to download the schedule.

For more details visit http://editors.cis-india.org/news/iitb-february-25-26-2014-national-conference-on-use-of-technology-in-higher-education

National Conference on Opening up by Closing the Circle: Strengthening Open Access in India

praskrishna — 2013-11-08T09:57:00Z

Nehaa Chaudhari was a panelist/speaker at the National Conference on Opening up by Closing the Circle: Strengthening Open Access in India.

The conference was organized by UNESCO, along with the Central Library, Jawaharlal Nehru University (JNU), and the Commonwealth Educational Media Centre for Asia (CEMCA) on October 21, 2013. Nehaa Chaudhari was a panelist in the discussion on "Why Open Access?". She gave a presentation on 'Pondering Copyright and Recasting Openness'. A copy of her presentation is available here. UNESCO's on the Conference is available here.

For more details visit http://editors.cis-india.org/news/national-conference-on-opening-up-by-closing-the-circle

National Conference on Intellectual Property Rights and Public Interest

praskrishna — 2017-04-12T14:01:27Z

Indian Law Institute organized a conference on intellectual property rights on April 7 and 8 in New Delhi. Maggie Huang took part in the conference.

The Intellectual Property Rights regime was developed to protect the interest of producers of knowledge. It was aimed at rewarding creativity and inventiveness. It was also claimed by many that the nature of intellectual property was that of a ‘social contract’, one in which the state agrees to secure and protect the rights of individuals in consideration that the individual will reveal his/her creations. The regime of IPR provides access to important creations or source of knowledge to the public along with incentivising the creator by providing monopoly or more aptly ‘limited monopoly’ rights to commercially exploit their creations. The ‘limited monopoly’ right is for a temporary period and after the expiration of the temporary period, it falls into the public domain. The interesting part of the IPR regime is that the creator in exchange of the exclusive rights shares the knowledge or know how behind the creation of the work which the public could freely use to develop further innovations after the ‘limited monopoly’ term is over. The ‘limited’ prefixed to the monopoly word triggers the controversy, with many claiming public interest predominance over private rights and vice-versa. The Novartis v. Union of India case and the more recent The Chancellor, Masters and Scholars of Oxford University v. Rameswari Photocopy Services case has brought this controversy to the fore in India. The new national IP Policy in India in 2016 also touched upon the area by declaring that the main aim of the policy is to push IPRs as a marketable financial asset, promote innovation and entrepreneurship while protecting public interest. In this light, this conference seeks to address the question whether IPR is based on public interest leading to public rights predominance over private rights or knowledge as a form of private property to be protected under IPR regime ergo public rights are nothing but exceptions. The conference aims to realize the IPR model apposite for countries like India.

For conference topics, see here

For more details visit http://editors.cis-india.org/a2k/news/national-conference-on-intellectual-property-rights-and-public-interest

National Conference on Competition & IPR in ICT, Telecom & Mobile Sets

praskrishna — 2016-05-30T01:50:19Z

Rohini Lakshané and Anubha Sinha attended this conference held at Vigyan Bhawan in New Delhi on May 18, 2016. The event was organized by CMAI.

This was a specific conference dedicated to Make in India especially Mobile, Telecom and role of Competition v/s IPR. The speakers were from CCI, Industry and Legal luminaries. There is a need to arrive at balance between Competition and IPR. The conference was aimed to address the issues of IPRs v/s competition, role of SSO in standard settings, SEP’s contentions, basis of FRAND negotiations and need to recommend to Government to form an appropriate policy that is suitable for Make in India.

The conference focused on the need to discuss these issues with all the stakeholders and come out with appropriate status on the date and its relevance on Make in India and appropriate recommendations to the government. Further details of the conference can be accessed here.

For more details visit http://editors.cis-india.org/a2k/news/national-conference-on-competition-ipr-in-ict-telecom-mobile-sets

National Compendium Book

praskrishna — 2016-01-03T15:21:02Z

For more details visit http://editors.cis-india.org/accessibility/blog/national-compendium-book

National Compendium

praskrishna — 2014-08-21T07:12:32Z

For more details visit http://editors.cis-india.org/accessibility/blog/national-compendium.pdf

National Campaign for People's Right to Information

praskrishna — 2013-02-18T05:52:19Z

National Campaign for People's Right to Information

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

Natasha Vaz

praskrishna — 2011-11-25T05:13:07Z

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

Nasscom wants board to protect Net neutrality, regulate pricing

praskrishna — 2016-01-31T09:25:09Z

The debate against differential pricing of data services at the cost of net neutrality doesn’t seem to be getting over yet. While internet activists have gone out on streets in Bengaluru and Hyderabad to protest in favour of net neutrality, industry experts believe that differential pricing, when regulated could be tailored for public interest.

The article by Shadma Shaikh was published in Asian Age on January 7, 2016. Pranesh Prakash was quoted.

Given the current situation of low internet and broadband penetration along with lower levels of digital literacy and limited local language support in the country, IT industry body Nasscom said that protection of net neutrality is essential to fight these monumental challenges that require continuous innovation, both in technology solutions and business models.

“We strongly oppose any model where TSPs or their partners have a say or discretion in choosing content that is made available at favourable rates, speed,” Nasscom President R. Chandrashekhar said in a statement.

However, Nasscom also suggested a suitable oversight mechanism in the form of “an independent not-for-profit entity with an independent board to manage proposed differential pricing programs that are deemed to be in the public interest and are philanthropic in nature.”

In view of regulator Trai’s proposal to question the fairness of zero-rating—a practice of not counting certain traffic towards a subscriber's regular Internet usage, Pranesh Prakash, Centre for Internet and Society said, all forms of zero-rating result in some form of discrimination, but not all zero-rating is harmful, nor does all zero-rating need to be prohibited.

Prakash says that Trai’s paper has been inappropriately reduced to a referendum, by both parties—supporters of differential pricing programme as well as internet activists fighting zero-rating. Content-agnostic zero-rating models are not harmful, he says, adding “some traffic, such as government or public interest sites could be made free.”

Facebook’s Free Basics app that aims to provide ‘free Internet access’ to users who cannot afford data packs, has run into trouble for being against net neutrality principle. Trai, while evaluating the zero-rating proposal has asked Reliance Communications, the official telecom partner for Free Basics to put the service on hold.

After drawing flak from critics and citizens over its Free Basics program and its extensive advertisement in the media and on Facebook itself to influence the decision of Trai in favour of zero-rating program, Zuckerberg reached out to Indian readers through an opinion piece he published in an Indian daily newspaper.

Facebook’s justification for Free Basics lies in comparing internet as a service similar to education and healthcare. Free schools, free libraries and public hospitals may not provide the best of services, but their existence is essential to cater to a large set of audience who cannot afford expensive healthcare or education. In the same way, says Facebook founder Mark Zuckerberg, everyone deserves access to free basic internet service.

Calling Facebook’s Free Basics programme as an illusion, Nikhil Pahwa, founder MediaNama and volunteer at savetheinternet.in said “Facebook’s Free Basics is not free internet.” The choice to determine what data or content to browse should be left to the internet users, he says.

For more details visit http://editors.cis-india.org/internet-governance/news/asian-age-january-7-2016-shadma-shaikh-nasscom-wants-board-to-protect-net-neutrality-regulate-pricing

Nasscom chief saying full data protection isn’t possible should wake us from our digital slumber

praskrishna — 2017-03-17T01:47:25Z

Considering India is rapidly moving towards a digital economy, the hurdles not withstanding, data and identity security are topics which have to be taken very seriously. Since the demonetisation, a large part of the population who would never bother with digital transactions has suddenly come online. But there is no such thing as complete security of personal data, according to Nasscom chief R Chandrashekhar.

This was published by First Post on March 16, 2017. Pranesh Prakash was quoted.

Attending the World Consumer Rights Day, R Chandrashekhar said that personal data of online consumers cannot be completely secure and stressed on the need to have strict enforcement of consumer protection laws. Speaking to PTI, Chandrashekhar said, “More than 3 million credit card data details were misused recently. Let us face it, these kind of security breaches will take place. There is nothing called fully perfect security in IT.”

It’s high time we call a spade, a spade

R Chandrashekhar, President Nasscom. Image: PIB

Coming from the head of Nasscom, this announcement pertaining to security is very important. According to Chandrashekhar one cannot expect complete cyber security, but there are definitely ways in which such attacks and incidents can be minimised. He very rightly said that that protecting the online consumer data, specially looking at how rapidly e-commerce is growing in the country, is of prime importance.

One cannot help but agree with Chandrashekhar, specially considering the fact India does not have a privacy law ecosystem that is present in countries such as the US and the UK, where online consumer protection is taken very seriously. Germany and other EU nations have always been at the forefront, when it comes to protecting data privacy, and it has ensured that consumer-facing technology companies do not run roughshod when it comes to protecting user data.

Chandrashekhar stated that there was no need for separate regulations for e-commerce sites, but the priority was ensuring means to enforce consumer laws in the digital world.

Lack of dedicated privacy laws

According to cyberlaw and cybersecurity expert, Pavan Duggal, “Going forward, there is an urgent need for India to take a strong view on privacy in terms of legislative frameworks. Unfortunately, at the time of writing, India does not have a dedicated law on privacy.”

Image: Foamy Media

Social media websites for instance have a lot of user data. But what happens when they suddenly change their privacy policies? For instance, a lot of users signed on to WhatsApp when it was an independent company. But post the Facebook acquisition, there have been a lot of instances where WhatsApp has updated its terms and conditions to suit its parent Facebook.

That’s not completely illegal one may say. Loss of privacy is a price you pay for free services. But what if, I as a consumer of WhatsApp do not want the app to share any of my data with Facebook? The only option I am left with is to delete WhatsApp. But then again, I do not know if my data is also deleted from WhatsApp servers or it has already been shared. Social media apps, only let you know what updates are being added. Consent is only required to update the app. You can stall that, up to a point. But there will come a time when you will have to update an app. Then by default you have given approval to all the terms and conditions associated with the app.

Two students had challenged WhatsApp’s revision to its privacy policy before Delhi High Court. The Court dismissed the petition insisting that users could opt out by deleting their accounts.

When a similar challenge was mounted before the authorities in UK, Facebook had to put a pause on their data sharing – and this was because of its strong data protection policy. Under the UK data protection law, the company has to inform the authority established under the Act of any changes in the use of user data. In the case of WhatsApp, the UK authority objected to such sharing.

Aadhaar – the 12-digit biometric storehouse

Aadhaar card is being used for many financial and non financial transactions. Also the Aadhaar number associated with an individual also holds a lot of personal and biometric data. So when recently, there was news about a possible Aadhaar data breach when UIDAI filed a police complaint against Axis Bank, business correspondent Suvidhaa Infoserve and e-sign provider eMudhra, it was naturally a shock to many.

Unlike a password which can be changed, with biometric information there is no scope to do that if it is compromised. Although UIDAI claims that there are multiple levels of security and firewalls to ensure there is no breach of Aadhaar information of an individual, one can only hope that it is robust enough to withstand any attack. Collection of biometric data by the government to form a database, for instance, was debated and ultimately not used in the UK.

Pranesh Prakash, policy director of the Centre for Internet and Society, expressed concern about the pace at which we are progressing when it comes to having a legal and regulatory framework when it comes to the Digital India push. “While the security architecture of Aadhaar Enabled Payment Systems (AEPS) might in itself be good, the idea of providing your fingerprints to merchants for financial transactions is a terrible idea since that is like asking you to give your bank password to a merchant, and the merchant can reuse that password, and you can’t ever change the password,” said Prakash.

Enforcing the correct processes

Last year, a malware affected the systems of Hitachi Payment Services, which provides back end services to ATM machines and Point of Sale nodes across India. As a result of this, around 32 lakh debit cards were compromised including those issued by SBI, HDFC, Yes Bank, Axis, BOB and ICICI. Security experts and consultants have pointed out various holes in the electronic transaction systems in place in India. Intel has also warned that ATM machines in India are vulnerable to malicious attacks. Intel points out that countries in the Asia Pacific region are developing and are particularly vulnerable because of old systems and machines being used.

Image: REUTERS/Amit Dave

According to Mahesh Patel, president and group CTO, AGS Transact Technologies this was more of a governance issue of the data centre than any technical error. “It is not about the software, but it is about the processes and procedures you put in place to ensure that the system is secure. Everything from physical security to computing security to admin management, etc should be process driven. So somewhere there could have been a weak link there. Cloud has to be secure and encrypted which suffices the use case of payments. This cloud is different from the ones used by e-commerce sites to display all their products,” said Patel.

We may have the best of software and security measures, but ensuring that they are implemented the right way is equally important. Plugging the loopholes in current regulations is also important.

Existing laws and regulations, not enough

According to Duggal, “The Information Technology Act, 2000 hardly has effective provisions to protect any data and personal privacy in the digital ecosystem. The Indian Government needs to come up with strong privacy law which can protect both personal privacy and data privacy in an effective manner.”

One may find it really shocking to hear the head of Nasscom saying something to the extent that full data protection for online consumers is not possible, but there is definitely truth to the matter. It will require concerted efforts from not only regulators, governments, digital wallet players and banking industry to come up with these privacy laws, but also you the consumer has to ensure that you are aware of the dangers lurking in the digital world. Educating oneself of the various ways in which your data can be compromised is a good way to protect your online self.

Because, let’s face it, for all practical purposes if you are online, your privacy is dead.

For more details visit http://editors.cis-india.org/internet-governance/news/first-post-march-16-nimish-sawant-nasscom-chief-saying-full-data-protection-isnt-possible-should-wake-us-from-our-digital-slumber

Nasscom against differential pricing for data services

praskrishna — 2016-01-06T15:12:17Z

The National Association of Software and Services Companies says it should be the regulator that decides on such content, not firms.

The article by Moulishree Srivastava was published in Livemint on January 5, 2016. Pranesh Prakash gave inputs.

India’s top software lobby on Monday said if select web content needs to be provided cheaper for some Indians, it must be the regulator that decides on such content, not companies.

In its response to a consultation paper by the Telecom Regulatory Authority of India (Trai) on differential pricing for data usage, the National Association of Software and Services Companies (Nasscom) objected to plans such as Free Basics and Airtel Zero where companies choose content to be provided at different speeds and prices, but backed powers for the regulator to allow such a model if the regulator deems they are in “public interest”, while adhering to principles of net neutrality.

“We strongly oppose any model where telecom service providers (TSPs) or their partners have a say or discretion in choosing content that is made available at favourable rates, speed... any differential pricing by TSP either directly such as Airtel Zero or indirectly as in the case of Free Basics through a platform provider which limits access to the internet services or websites (selected by the TSP or by the partners) violate the idea of net neutrality,” said R. Chandrashekhar, president, Nasscom.

“But when we recognize the reality of India as a country which has low internet penetration and even lower broadband penetration, apart from low levels of digital literacy and limited local language content... there may be a need to provide certain services in public interest at differential or lower prices which the regulator feels are necessary,” he said.

“Therefore, it is important that the regulator should have the power to allow differential pricing for certain types or classes of services that are deemed to be in public interest and based on mandatory prior approvals,” he said. “Any such programmes should abide by the principles of net neutrality and not constrain innovation in any way and not constrain innovation in any way.”

Differential pricing for data usage means offering services at different price points to different users. However, analysts say it could lead to an anti-competitive environment, hurting small companies and start-ups, while giving the TSPs and their partner platforms near-monopolistic access to the vast amount of user data that has potential commercial value in a country such as India where privacy laws are not strong.

Differential pricing is a significant aspect of the net neutrality debate that erupted in India in 2015, when Trai released a consultation paper in April. Soon, telecom operator Bharti Airtel Ltd launched Zero, a marketing platform that allows customers to access mobile applications for free but charges the application providers.

Facebook’s Free Basics service (the new name for Internet.org) aims to offer people without the Internet free access to a handful of websites and a range of services through mobile phones, which net neutrality activists say will violate the core principle that everyone should have unrestricted access to Internet and it should not be regulated by a company.

Following the outrage, Trai put Free Basics on hold, asking Reliance Communications Ltd to furnish the detailed terms and conditions of its Free Basics service. The next step will be announced later this month.

In an op-ed in the Times of India last week, Nandan Nilekani, co-founder of Infosys Ltd. and former chairman of Unique Identification Authority of India, publicly criticized Facebook’s Free Basics, calling it a walled garden.

“The walled garden of Free Basics goes against the spirit of openness on the internet, and in the guise of being pro-poor, balkanises it. Only Free Basics-approved websites will be accessible for free,” he said in the article which he co-authored with Viral Shah who led the design of government’s subsidy platforms using Aadhaar. “In theory, anyone meeting the technical guidelines today can participate. However, services that may potentially compete with telco offerings may not join Free Basics. Since Facebook does not currently subsidise free usage, telcos will have to foot the bill by raising prices.”

He said schemes such as direct benefit transfer for Internet data packs would be better compared to programmes such as Free Basics.

Nasscom, in its response, recommended “mandatory prior approval of such services by the regulator and sharing of periodic information on tariff plans seek to lower the price as well as zero rating services,” adding that these programmes should abide by the principle of net neutrality, meaning it should not limit consumers access to pre-defined set of services or websites.

“Any such differential pricing programs should have explicit approval of the regulator—and should be deemed to be in the public interest and the onus of proving it to be in the public interest in the first instance would be on service provider and before Trai arrives at a final decision a public consultation is also advised because of the dangers involved,” Nasscom said. “Even after the approval, suitable oversight mechanism should be maintained by the regulator in all such case.”

Pranesh Prakash, policy director at the Centre for Internet and Society (CIS), said Nasscom’s approach to make differential pricing plans and options as an exception rather than the rule was quite reasonable. “It says that if differential pricing services adhere to the guidelines of being non-discriminatory, non-anti-competitive, non-predatory, non-ambiguous and transparent, they can be allowed under the supervision of the regulator, which is similar to the position adopted by CIS,” he said.

“Though some of their positions are ambiguous—for instance what they mean by non-discriminatory, and whether they are okay with differential pricing between classes of applications, are unclear—and some of their recommendations increase regulatory complexity, such as their proposal for independent not-for-profit entities with independent boards to own and manage such differential pricing programs, by and large it is a useful submission,” Prakash added.

For more details visit http://editors.cis-india.org/internet-governance/news/livemint-moulishree-srivastava-january-5-2016-nasscom-against-differential-pricing-for-data-services