Centre for Internet and Society

What does it mean to be a digital native?

praskrishna — 2012-12-10T04:21:00Z

The war between natives and immigrants is ending. The natives have won.

Oliver Joy's blog post was published by CNN on December 8, 2012. Nishant Shah is quoted, criticising Marc Prensky's ideas of digital nativity as borne of privilege and first-world centricity.

It was a bloodless conflict fought not with bullets and spears, but with iPhones and floppy disks. Now the battle between the haves and have-nots can begin.

The post-millennial "digital native," a term coined by U.S. author Marc Prensky in 2001 is emerging as the globe's dominant demographic, while the "digital immigrant," becomes a relic of a previous time.

The digital native-immigrant concept describes the generational switchover where people are defined by the technological culture which they're familiar with.

Prensky defines digital natives as those born into an innate "new culture" while the digital immigrants are old-world settlers, who have lived in the analogue age and immigrated to the digital world.

Although not Luddites, the immigrants struggle more than natives to adapt to hi-tech progress.

The author of "Teaching Digital Natives," whose success pushed him onto the speaking circuit, says the explosion of technology over the last 10 years is just the start of a symbiotic new world. Computers and handsets are becoming an extension of body and mind, creating a Cyborg-like population.

Prensky cites the 100-meter runner Oscar Pistorius, an athlete with prosthetic legs, as an example of how technology is used to enhance our lives. He told CNN: "For humans, what used to be this body of flesh and bone, all that is now just the center... Being human is a moving target."

The human race and its struggle to keep up with technology

Prensky says that at no time in history has technology moved so fast. Today the latest high-tech gizmos can be passe even before hitting the shop floors.

In the past -- during the post-industrial revolution era, for example -- accelerating technology has plateaued. So, with the meteoric rise of new social media outlets including Facebook, Twitter, YouTube and Skype, history suggests the world is overdue for a slowdown.

But Prensky says this time, any slowdown in the digital age is a "myth," as innovation will only press forward "faster... And faster and faster."

He told CNN: "We are not going through a transition to another faze of stability, and that is the key point. People will always be behind now and that will be a stress they have to cope with."

The new norm

Connecting with one another in the modern world requires a knack for social networking and texting, which is the norm for the digital native. But for the immigrant, it can be akin to learning a whole new language.

Prensky illustrates his point with former director of the CIA David Petraeus. In November, he was embroiled in a scandal that revealed he had an affair with Paula Broadwell.

The FBI uncovered the affair while it investigated e-mails that Broadwell allegedly sent to a Petraeus family friend, Jill Kelley.

Prensky labels this naivety by immigrants as "digital stupidity" -- by assuming that when people decide to post online or send e-mails, they believe privacy is automatically applicable.

"People get frightened by change and they should be. They need courage to face the future these days, especially those who feel left behind." Prensky said. "People adapt instinctively and humans are very good at that. The young people live in the context; the older people see the changing context and struggle."

Digital poverty

As technology filters into every corner of the globe and tech cities spring up in some unlikely places from Bangalore to Tel Aviv, a new gulf is emerging to separate the digitally savvy from the disconnected: Poverty.

In India, over two-thirds of the population live on less than $2 a day, according to the World Bank. But a United Nations report still says that mobile phones are more common than toilets, with nearly half of India's 1.2 billion population armed with a handset.

Nishant Shah, a director at the Centre for Internet and Society in India, told CNN that defining natives and immigrants by generation is a "serious concern." According to Shah, Prensky's views were formed from the "privileged" position of living in the U.S.

Shah added: "[Prensky's] observations may describe a generation gap that the U.S. faced, but if you transplant the same definition to other parts of the world, natives are sometimes indistinguishable from immigrants."

The real fear for Shah is the new hierarchies created by digital literacy and the class systems that will be shaped by access to digital technologies.

The call of the developing world

As mobile networks extend their reach and areas become increasingly urbanized, Western tech companies are seeking to tap markets with large populations.

Last year, Finnish phone maker Nokia released a range of smart phones targeted at consumers in emerging markets, particularly in Asia, to compete with cheaper Android devices.

But Shah argues bombarding a country with technology and infrastructure is not a rounded solution to the digital poverty problem.

India, for example, has connectivity and access in abundance, but the country continues to suffer from a generation of "digitally poor classes." He argues that simply providing the equipment does not help young people understand how that technology can better their lives without education and training.

Shah told CNN: "Just because young people have tech access in India, it doesn't make them digital natives." He added, "It creates digital outcasts -- people whose supposed problem of access to the world has been resolved."

Prensky, however, believes a "networked planet" is a sign developing nations will soon close the digital divide. Even those who don't yet have the technology still know that it exists, and will have it before long.

The world in 2020

By 2020, Prensky predicts people across the globe will be plugged into the "AORTA," -- Always On RealTime Access -- a term coined by Mark Anderson, the chief of the Strategic News Service -- specializing in technology news. A future in which people are constantly able to access information and news from anywhere on the planet.

Shah says that the works of science fiction may offer the most accurate insight into our futuristic society.

He said: "The presents that we live in, are the futures that our pasts have imagined."

"Let us hope that the technologies of the future will also be designed to protect that which is sacred, and that which is important in our own understanding of being human."

For more details visit http://editors.cis-india.org/news/cnn-december-8-2012-oliver-joy-what-does-it-mean-to-be-a-digital-native

Annual Conference on Human Rights 2012

praskrishna — 2013-01-07T10:47:00Z

Malavika Jayaram participated in this conference as a panelist in this event organised by Estonia and Google.

Read the original published by Estonian Institute of Human Rights on December 9, 2012.

Monday, December 10, 2012

09:30-10:00 Registration of participants

10:00-11:00 Opening session

Welcoming remarks:	Hanno Pevkur, Minister of Social of Affairs
Presentation of the Report on Human Rights in Estonia:	Mart Nutt, MP, Member of Supervising Board of Estonian Institute of Human Rights Karin Reivart, Research Manager, Turu-uuringute AS
Moderator:	Vootele Hansen, Chairman of Estonian Institute of Human Rights

11:00 – 12:40 Session 1

Human Rights and Security: Protecting victims and providing justice

In the modern world, the vast majority of casualties in armed conflicts are civilians. How should the international community react to human rights violations in conflict zones? Could a conflict exist between the requirements of peace on the one hand and justice, on the other? How can we implement the concept of Responsibility to Protect in practice? How does the promotion of human rights influence the ability of Western nations and institutions to interact with the rest of the world?

Keynote speech:	Stephen J. Rapp, United States Ambassador-at-Large for War Crimes Issues in the Office of Global Criminal Justice.
Panelists:	Anthony Dworkin, European Council on Foreign Relations, Senior Policy Fellow Gentian Zyberi, University of Oslo, Norwegian Centre for Human Rights, Associate Professor Jeffrey D. Levine, United States Ambassador in Estonia
Moderator:	Riina Kionka, Head of Central Asia Division, European External Action Service; former Personal Representative for Human Rights in the area of CFSP for SG/HR

12:40 – 14:00 Lunch

14:00 – 15:40 Session 2

Human Rights and the Internet: Shuting down the Internet, shuting up the world

UN Human Rights Council Resolution L13 (6 July 2012) stresses that human rights must also be guaranteed in cyberspace. There is no doubt that the Internet has become an important resource for acquiring information, disseminating points of view and creating networks. Restricting Internet freedom also poses a direct threat to human rights. The panel will discuss these threats: who wants to restrict the Internet? Why and how are they doing it? How should we respond?

Keynote speech:	Dunja Mijatovic, OSCE Representative on Freedom of the Media
Panelists:	Toomas Hendrik Ilves, President of Estonia Thomas Zerdick, policy officer, DG Justice, European Commission Malavika Jayaram, Fellow at the Centre for Internet and Society, India David Mothander, Google Nordic Policy Counsel
Moderator:	Dr Katrin Merike Nyman-Metcalf, Tallinn University of Technology, member of the Council of Estonian Human Rights Centre

15:40 – 16:10 Coffee break

16:10 – 17:50 Session 3

Contemporary Human Rights Challenges in a Changing Global Balance of Power

The panel will focus on the role of human rights policy in the changing international environment. Does the shift in global power away from the West force a system based on democracy, human rights and the rule of law onto the defensive? How do we promote our values while engaging with authoritarian countries? Should human rights policy consider local needs and conditions?

Panelists:	Anna Sevortian, Director of Human Rights Watch´s Russia Office Frank Johansson, Director of Amnesty International´s Finland Office Douglas Davidson, US State Department Special Envoy for Holocaust Issues; former Head of the OSCE Mission to Bosnia and Herzegovina Dr Anja Mihr, Netherlands Institute of Human Rights, Associate Professor
Moderator:	Hannes Hanso, Researcher, International Centre for Defence Studies

17:50 – 18:00 Conclusions

Dr Mart Nutt, MP, Member of Supervising Board of EIHR

18:30 – 21:30 Dinner, hosted by the President of Estonia, Toomas Hendrik Ilves

The dinner will be the Swissôtel Tallinn (6. floor).

N.B! The organiser reserves the right to make changes in the programme and the presenters

For more details visit http://editors.cis-india.org/news/estonian-institute-of-human-rights-december-9-2012-annual-conference-on-human-rights-2012

Reaction to Draft Proposal from India based on final draft ITR document of ITU

praskrishna — 2012-12-06T08:32:17Z

Reaction to Draft Proposal from India on the Proposed Amendments to the ITU’s ITR’s – November 3, 2012.

For more details visit http://editors.cis-india.org/internet-governance/blog/reaction-to-draft-proposal-from-india-on-final-draft-itr-document-of-itu

Links in the Chain - Volume X, issue 3

praskrishna — 2012-12-05T07:33:34Z

Digital Natives newsletter, Volume X, issue 3.

For more details visit http://editors.cis-india.org/digital-natives/blog/changing-face-of-citizen-action.pdf

A Report of Odia Wikipedia Workshop at IIT, Kharagpur

praskrishna — 2012-12-05T05:20:38Z

The Samaja, Odia daily, Kolkata edition, on December 3, 2012, published an article about the Odia Wikipedia Workshop organized in IIT, Kharagpur, West Bengal.

For more details visit http://editors.cis-india.org/news/report-of-odia-wikipedia-workshop-in-iit-kharagpur

WIPO SCCR 25 Day 5, November 23, 2012 (Full Text)

praskrishna — 2012-12-05T00:55:55Z

Rough transcript of proceedings from WIPO SCCR on Day 5, November 23, 2012.

For more details visit http://editors.cis-india.org/a2k/blogs/wipo-sccr-25-day-5-november-23-2012.txt

WIPO SCCR 25 Day 4, November 22, 2012 (Full Text)

praskrishna — 2012-12-05T00:52:46Z

Rough transcript of proceedings from WIPO SCCR on Day 4, November 22, 2012.

For more details visit http://editors.cis-india.org/a2k/blogs/wipo-sccr-25-day-4-november-22-2012.txt

WIPO SCCR 25 Day 3, November 21, 2012 (Full Text)

praskrishna — 2012-12-05T00:45:51Z

Rough transcript of proceedings from WIPO SCCR on Day 3, November 21, 2012.

For more details visit http://editors.cis-india.org/a2k/blogs/wipo-sccr-25-day-3-november-21-2012.txt

WIPO SCCR 25 Day 2, November 20, 2012 (Full Text)

praskrishna — 2012-12-05T00:46:53Z

Rough transcript of proceedings from WIPO SCCR on Day 1, November 20, 2012.

For more details visit http://editors.cis-india.org/a2k/blogs/wipo-sccr-25-day-2-november-20-2012.txt

WIPO SCCR 25 Day 1, November 19, 2012 (Full Text)

praskrishna — 2012-12-05T00:35:56Z

Rough transcript of proceedings from WIPO SCCR on Day 1, November 19, 2012.

For more details visit http://editors.cis-india.org/a2k/blogs/wipo-sccr-25-day-1-november-19-2012.txt

Technology Culture and Events in South East Asia — A Presentation by Preetam Rai

praskrishna — 2012-12-19T12:25:29Z

Preetam Rai who works with nonprofits, startups and educational institutions will do a small presentation cum discussion at the Centre for Internet & Society, Bangalore on December 18, 2012, from 5.00 p.m. to 6.30 p.m.

In 2012, Myanmar hosted one of the largest open technology event with over 5000 attendees joining the Barcamp Yangon. Every month, Cambodian youth put together dozens of self-initiated peer learning events and actively use social networks to recruit participants. Thais are creating physical spaces where social entrepreneurs and developers collaborate with each other.

Join us to explore these trends and how they are helping change South East Asia. Learn how the technology enthusiasts are ignoring past national antagonism and traveling across borders to connect with peers.

We will introduce you to events and spaces(coworking spaces, hackerspaces) that you can join in to explore this activity first hand when you are traveling through the region.


Participants from several South East Asian countries at BlogFest 2012 in Cambodia.

Preetam Rai

Preetam Rai helps put up technology and educational events in South East Asia. He works with nonprofits, startups and educational institutions helping them connect better with their audiences. He was the South East Asian Regional Editor at Global Voices Online, a social media aggregation project initiated by the Berkman Centre for Internet and Society. He is on twitter at @preetamrai.

VIDEO

For more details visit http://editors.cis-india.org/internet-governance/events/technology-culture-and-events-in-south-east-asia

Seminar/Artist Talks : "Outresourcing" with the Transmediale Collective

praskrishna — 2012-12-12T07:06:20Z

Sharath Chandra Ram is presenting a White Paper at this event initiated by the Berlin - Transmediale new media collective in Bangalore on December 3, 2012.

OutResourcing is a collaboration project in 2011-2013 of transmediale, festival for art and digital culture, Berlin in cooperation with CEMA, Center for Experimental Media Arts at Sristhi School of Art, Design and Technology, Bangalore. It is supported by Goethe Institute and the framework of Germany and India 2011-2012: Infinite Opportunities.

OutResourcing explores the pervasive phenomenon of outsourcing from a critical constructive point of view. Outsourcing is often either simply embraced as an economical necessity of labor costs in a global economy or criticised as such on the basis of the uneven distribution of wealth, power and/or labor that it entails.

General Welcome and Introductions

2.00 p.m.	First session “outResourcing Phase 1: Rebugging and Insulating” Moderator: Kristoffer Gansing, artistic director, Transmediale
2.15 p.m.	Kristoffer Gansing – 15 minutes introduction to outResourcing
2.30 p.m.	Prayas Abhinav (Artist talk), MAS*ING: INSULATION, ARTIST TALK
3.00 p.m.	Linda Hilfling (Artist talk), THE REBUGGING MANUALS
3.30 p.m.	Sharath Chandra Ram (Artist talk), CLOSED CAPTION
4.00 - 4.30 p.m.	Common discussion 30 minutes

Break 30 minutes

5.00 p.m.	Second Session “outResourcing Phase 2: “Manufacturing and Copying” Moderator: Abhiyan Humane
5.10 p.m.	Galerie C&V "ESSAY ON PRODUCTIVE RESOURCES"
5.40 p.m.	Presentation of exhibition by Srishti School of Art, Design & Technology in collaboration with Galerie C&V Title - THE CONVENIENT TRUTH
6.15 p.m.	Common discussion 25 minutes

Break 20 minutes

7.00 - 8.00 p.m.

Introduction: Kristoffer Gansing
Keynote lecture: Dieter Daniels: RE-SOURCING THE READY-MADE

For more information about the event, click here.

For more details visit http://editors.cis-india.org/news/seminar-artist-talks-outresourcing-with-the-transmediale-collective

Second International e-Governance Conference

praskrishna — 2012-12-11T10:50:29Z

The second international conference on governance and electronics which is held under the motto "Together Toward Digital Inclusion" is organized by the National Committee for Corporate Governance Electronic Iraq and the United Nations Development Programme at Rashid Hotel in Baghdad from December 2-3, 2012. The event aims to review the achievements of the program e-governance Iraqi national, and discuss the challenges of applying e-governance as a tool to achieve public sector reform and digital inclusion.

Sunil Abraham is a speaker at this event and is presenting on "Review of the Legal Environment in Iraq for Effective e-Governance", and "Government Interoperability Frameworks: Global Overview and implications for Iraq".

Conference Agenda

Sunday, December 2, 2012

09:00 – 10:00	Conference Registration
10:00 – 11:00	Opening Ceremony H.E. Nuri Al-Maliki, Prime Minister of Iraq Ms. Helen Clark, UNDP Administrator H.E. Dr. Abdul Kareem Al-Samaraii, Minister of Science and Technology
11:00 – 11:30	Break
11:30 – 12:30	Plenary session 1: e-Governance and Public Sector Reform Chairman: Dr. Adil Matloob, Minister IT Advisor – Ministry of Science and Technology Mr. Thamir Al Ghadban, Head of the Prime Minister’s Advisory Commission (PMAC) Prof. Subhash Bhatnagar, UNDP Expert Q & A
12:30 – 13:30	Plenary session 2: Citizen Inclusion into the Digital Society Chairman: Mr. Imad Naji, Director General - Ministry of Planning Dr. Laurence Millar, UNDP Expert Dr. Kathim Ibrisim, Director General - Ministry of Planning Q & A
13:30 – 13:40	Plenary Session 3: Challenges of e-Governance Implementation Chairman: Dr. Mahmood Kassim Sharief, Director General – Ministry of Science and Technology
13:40 – 14:00	Break
14:00 – 15:30	Workshop 1: Challenges of implementing an adequate telecommunications infrastructure and Highlighting the role of the private sector and the establishment of the concept of true public-private sector partnership in the field of e-governance Chairman: Mr. Jaber Zwayed Atiyah, Director General – National Security Commission Dr. Rohan Samarajiva Lirne, UNDP Expert Dr. Shahani Markus Weerawarana, UNDP Expert Ms. Raghad Abdulrasoul National Centre for Consultation and Management Development/Ministry of Planning Q&A
13:30 – 14:30	Lunch @ AL-Rashid

Monday, December 3, 2012

09:00 – 09:15	Closure of the Plenary Session 3 Presentation of workshop results
09:15 – 10:45	Plenary Session 4: Effective Role of Local Governments in Framework of e-Governance Program Chairman: Dr. Kathim Ibrisim, Director General - Ministry of Planning Mr. Manu Srivastava, UNDP Expert Dr. Adil Abdullah Shuhaieb, member of e-Governance Committee in Missan Governorate Mr. Anmar Natik Mohammed, Manager of e-Governance Programme in Ninawa Governorate Eng Haider Shaker Yaji , Muthana Governorate Q&A
10:45 – 11:00	Break
11:00 – 12:00	Plenary Session 5: Challenges of Government Interoperability Framework Implementation, Standards and Information Chairman: Mr. Mohammed Raji Mousa, Council of Ministers Secretariat (COMSEC) Mr. Sunil Abraham, UNDP Expert Mr. Ammar Salih and Dr. Firas Hamadani/ Minister of Foreign Affairs Q&A
12:00 – 13:00	Plenary Session 6: Building e-Services Chairman: Dr. Saad Najem / University of Mustanserieh Mr. Emilio Bugli Innocenti, UNDP Expert Dr. Adil Matloob, Minister IT Advisor – Ministry of Science and Technology Mr. Ahmed Saad, Director General – Ministry of Municipality and Public Work Q&A
13:00 – 14:30	Conference Closing Session Chairman: Dr. Samir Attar, Deputy Minister – Ministry of Science and Technology Looking forward Adopt conference recommendation UNDP Closing Speech Government of Iraq Speech
14:30 – 15:30	Lunch @ AL-Rashid

Papers/Speakers Bio Summary

Plenary Session 1: e-Governance and Public Sector Reform

Chairman: Dr. Adil Matloob, Minister IT Advisor – Ministry of Science and Technology

e-Governance and public sector reform/ Subhash Bhatnagar The paper shares experiences from different countries of implementing e-Governance projects that have significantly contributed to governance reform by enhancing transparency and reducing corruption in delivery of public services. Some lessons are drawn for Iraq. E-Governance should be used as a means of implementing public sector reform agenda. The implementation of projects should be accelerated. *Subhash Bhatnagar* is an alumnus of Indian Institute of Technology, Madras and Indian Institute of Management, Ahmedabad (IIMA). Currently he is an honorary adjunct professor at the IIMA. He was a Chair Professor, member of Board of Governors and the Dean of IIMA in his 30 year tenure at IIMA. He has been a visiting Professor in universities in the US and Africa. He worked with the World Bank in Washington DC for six years serving as an advisor to to mainstream e-Governance in the operations of the Bank. He has been a lead speaker in training workshops for ministers and legislators for 16 states in India. His research and consulting work has covered E-Governance, ICT for development, National IT Policy, and Corporate IT Strategy. He has hundred research papers and seven books to his credit which include two books on eGovernance. He is on the editorial boards of seven international journals and has served as Chairman of International Committees in the ICT field. He serves on a number of central and state Government committees in Inda including the steering committee for ICT sector for formulating India’s 12^th Five Year Plan. He was made a Fellow of the Computer Society of India in 1994. He has served on the boards of a number of educational institutions and private enterprises in India. He has travelled to nearly 60 countries, delivering public lectures and conference key notes

Plenary Session 2: Citizen Inclusion into the Digital Society

Chairman: Mr. Imad Naji, Director General - Ministry of Planning

Citizen Inclusion into the Digital Society/ Laurence Millar This paper describes the importance of digital inclusion to achieve the e-governance Vision for Iraq. The paper reports on international experience in digital inclusion and e-governance, using examples from New Zealand, United Kingdom, Bahrain and Taiwan. These experiences illustrate how to develop a plan for increasing digital inclusion in Iraq which is aligned to the wider priorities for social and economic outcomes. Laurence Millar is an independent advisor in the use of ICT by governments, and Editor at Large for FutureGov magazine. He is the lead advisor for the e-government strategy and second action plan for the Kingdom of Saudi Arabia, and has also worked with other GCC countries on their e-government strategies. He provides expert advice to the government on the adoption of digital technology and broadband in schools; he is also Chair of 2020 Communications Trust, which is the leading provider of digital literacy programmes in New Zealand. During his career of more than 35 years, he has worked in the public and private sector, in the UK, USA, Asia and New Zealand. From 2004, he led the New Zealand e-government programme providing leadership in strategy and policy, establishing a foundation of shared infrastructure, and maintaining oversight of government ICT investment; he finished in the role of NZ Government CIO on 1 May 2009. He is married with four adult children and lives in Wellington, New Zealand; he has a MA from Cambridge University and an MSc with distinction from London University.
The role of ICTs in promoting public participation/ Dr. Kathim Ibrisim Participation is a basic feature of good governance, which suggests providing a democratic environment in the community that allows the integration of citizens, institutions of civil society, stakeholders and the poor and marginalized groups into policy-making and follow-up implementation. As much a democratic atmosphere allows for participation good governance can achieve the hopes of community regardless of its different components. This paper provides an assessment of the reality of public participation in Iraq which is based on a survey of public participation in four sectors concerned with providing services (Health/Education/Higher Education/Water and Sanitation). It was carried out by the National Centre and the support of the ESCWA in 2011 - in the light of identification the main challenges facing the participation. It will focus on how to use ICT in promoting public participation in setting priorities and policy-making and follow-up implementation.
Dr. Kathim Mohammed Breisem Okabi, Director General of the National Center for Administrative Development and Information Technology since 2008, holds Ph.D. in object-oriented software engineering, M.A. in empirical computer science – 1989, Higher Diploma in systems analysis – 1982, and B.A. of Statistics – 1980. Dr. Kazem served as a professor at the universities of Jordan (Al al-Bayt University/Philadelphia University) for the period 1996-2008, a professor at the Al-Tahadi University/Libya for the period 1983 – 1992, and a statistician for the period 1980 -1983.

Plenary Session 3: Workshop 1 (Challenges of implementing an adequate telecommunications infrastructure and Highlighting the role of the private sector and the establishment of the concept of true public-private sector partnership in the field of e-governance)

Chairman: Dr. Mahmood Kassim Sharief, Director General – Ministry of Science and Technology

ICT Infrastructure for e-Government and e-Governance in Iraq / Rohan Samarajiva Lirne Governments provisioning e government services have to address two specific policy principles with regard to infrastructure: ensure universal access to their services and assure a higher level of reliability than with comparable private services. Unlike a decade or so ago, governments today do not have to rely solely on common-access centers (telecenters) to provide universal access. In most countries, mobile signals cover almost the entirety of the population; most households have at least one electronic access device; the few that do not, can gain such access. Today’s smartphones have capabilities little different from the early telecenters, except for functionalities such as printing, scanning, etc. and the support of intermediaries. Therefore, delivering voice-based e government services in the short term and mobile-optimized web-based services in the medium term, with common-access centers performing specialized backup functions, is a viable strategy. Conventional web interfaces that adhere to common standards must be maintained but articulated with mobile applications and voice-based services provided through a government call center. In light of difficulties in supplying continuous electricity and security at the present time, special attention has to be paid to reliability. Reliability can be achieved, beginning with a proper understanding of requirements such as the importance of ensuring redundancy of suppliers, paths and media. Samarajiva is founder Chair and CEO of LIRNEasia, a regional think tank focusing on ICT policy and regulation in the emerging Asia Pacific. He most recently completed a diagnostic report on the potential of the ICT Sector for inclusive growth in Bhutan for the Asian Development Bank. He is a member of the team supporting the World Bank to establish the Pacific ICT Regulatory Resource Center, based at the University of the South Pacific in Suva, Fiji. He served as policy advisor to the Ministry of Post and Telecom in Bangladesh in 2006-07 and 2009. In 2002-2004, Samarajiva served as Team Leader of the Public Interest Program Unit of the Ministry for Economic Reform, Science & Technology of Sri Lanka. He was one of the designers of the USD 53 million plus e Sri Lanka Initiative (that had a major e gov focus) that led the way to rapid growth of fixed and mobile broadband in Sri Lanka. He was one of the founder directors of the ICT Agency. Samarajiva has been active in ICT (including telecom) policy and regulation for over 20 years. From 1998-1999, he served as Director General of Telecommunications in Sri Lanka at the invitation of the Government of Sri Lanka. He taught at the Ohio State University in the US (1987-2000) and at the Delft University of Technology in the Netherlands (2000-2003).
The role of private sector software development services companies in e-Government solution implementation/ Shahani Markus Weerawarana Iraq is a country in transformation and has embarked on a compelling vision for e-Government based on a National e-Governance Strategy and Action Plan. Since the private sector plays an important and pivotal role in any national e-Government program, it is important to develop a comprehensive roadmap towards establishing a true public-private sector partnership in Iraq. As a prerequisite for such an endeavor, we review the current status of the e-Government program implementation in Iraq, the critical challenges that need to be addressed in achieving a robust public-private sector partnership in Iraq and the best practices prevalent globally and regionally with respect to addressing such issues along with the resultant policy and program implications. Based on this critical analysis, we formulate many recommendations that could be included in a public-private sector partnership development roadmap that would create momentum in establishing a competitive and vibrant private-sector role in a knowledge-based economic environment geared towards enabling the vision of e-Iraq. Shahani Markus Weerawarana has global experience in the IT industry, government and academia, in a professional career has spanned many different roles, including being an educator, engineer, entrepreneur, manager and researcher. Currently, she is a Visiting Scientist at Indiana University, USA and a Visiting Lecturer at the University of Moratuwa, Sri Lanka. Previously, she was the CTO at the ICT Agency (ICTA) of Sri Lanka, which is the country's apex IT policy & planning agency for implementing the e-Sri Lanka program. At ICTA, she played a key role in providing technical guidance for many eGovernment projects, including spearheading the design and implementation of LankaGate, a 'FutureGov' Award winning project. Prior to joining ICTA, Shahani was the Head of Engineering at Virtusa (Sri Lanka), where she directly and indirectly led more than 600 IT professionals. Before joining Virtusa Shahani worked in the USA, at Prescient Markets Inc and at the IBM TJ Watson Research Center in New York. Her professional activities have included being a member in the Sri Lankan Presidential Task Force in English and IT, an adviser to the Royal Government of Bhutan in their Interoperability Framework and Enterprise Architecture initiative, and a member of the Open eGovernance Forum Advisory Board in the Pan Asia Network for Democratic eGovernance. She is a free & open source software advocate and is a Committer and PMC member in the Apache Software Foundation. Shahani has more than 50 academic publications and her academic activities include the formulation of Asia's first MBA in eGovernance program for the University of Moratuwa, and the supervision of more than 30 MBA and MSc research projects. Her research interests include e-governance, software engineering, parallel & distributed systems, e-science, and TLA practices in higher education. Shahani has a Ph.D. in Computer Science from Purdue University, USA.
Assess the reality of the public-private partnership (PPP) and its role in promoting ICT for development/ Raghad Abdulrasoul This paper, a field survey in four service sectors (health, education, higher education, water and sanitation), aims at identifying the reality and types of PPPs and how could such partnerships contribute in the provision of or complement services within the target sectors in addition to understand and recognize the quality of the services provided by the private sector than in the public sector with a focus on the role of PPP in the promotion of ICT to support national development efforts and improve the quality of public services. Raghad Abdulrasoul, an expert at the National Center for Administrative Development and Information Technology, Higher Diploma in Development Planning/specialty in feasibility studies and B.A. of Statistics. She has functional experience and participated in implementing projects with international organizations (UNICEF/UNDP/ESCWA) in different subjects dealing with the reform and modernization of the Iraqi public sector. She performed many advisory tasks for various institutions in the state in subjects (performance evaluation, organizational structures, job descriptions , mainstreaming of procedures). She provided a variety of lectures at the National Centre and state institutions in the areas of administration, planning and feasibility studies.

Workshop 2 Challenges for creating an enabling legal environment
Chairman: Mrs Afaf Khairallah Hussein, Prime Minister Office

Review of the legal environment in Iraq for effective e-Governance/ Sunil Abraham This paper examines the legal environment and compares it to international best practices for information society aspects that have direct implication for e-governance. It begins with transparency and openness law where there is an examination of right to information/access to information law and subsidiary policies such as free/open source software policy, open content or access policy, open standards policy, electronic accessibility policy, open government data policy. Then it examines privacy law looking at various options for the horizontal statute and also the vertical statutes necessary to comprehensive protect citizen/consumer rights and also public interest simultaneously. This is followed by an examination of intellectual property rights law overall before a more focussed examination patent law and copyright law. The paper ends with examination of some miscellaneous statutes such as the Cyber Crime Law and Electronic Signature and Electronic Transactions Act. Sunil Abraham is the executive director of the Centre for Internet and Society (CIS), Bangalore. CIS is a 4 year old policy and academic research organisation that focuses on accessibility by the disabled, intellectual property rights policy reform, openness [Free/Open Source Software, Open Standards, Open Content, Open Access and Open Educational Resources], internet governance, telecom, digital natives and digital humanities. He is also the founder of Mahiti, a social enterprise aiming to reduce the cost and complexity of information and communication technology for the voluntary sector by using free software. Sunil continues to serve on the board of Mahiti. He is an Ashoka fellow and was elected for a Sarai FLOSS fellowship. For three years, Sunil also managed the International Open Source Network, a project of United Nations Development Programme's Asia-Pacific Development Information Programme, serving 42 countries in the Asia-Pacific region. In 2007 - 2008, he managed ENRAP an electronic network of International Fund for Agricultural Development projects in the Asia-Pacific, facilitated and co-funded by International Development Research Centre, Canada. Sunil currently serves on the advisory boards of Open Society Foundations - Information Programme, Mahiti, Tactical Technology Collective, Samvada and International Centre for Free/Open Source Software.
Implementation of the e-system in the Iraqi elections/Dr. Tariq Kazim Ajil, University of Thi Qar

Plenary Session 4: Effective Role of Local Governments in framework of e-Governance Program

Chairman: Dr. Kathim Ibrisim, Director General - Ministry of Planning

Municipal e-Governance Platform / Manu Srivastava The paper discusses the Municipal eGovernance Platform developed by eGovernments Foundation (eGov). The paper sees this in the back ground of the policies and frameworks that the shaped the Municipal eGovernance sector in India. The paper discusses the basic design approach for developing the platform, the platform itself and then discusses the future direction for the platform. *Manu Srivastava* Bio: Manu Srivastava managed and a founding member of the eGovernments Foundation since 2003, that aims at creating an eGovernance Platform (Municipal ERP) to improve the efficiencies of City Municipalities leading to better delivery of services. Between 2000 and 2003, Manu was the project leader of GlobeTrades (Silicon Valley), for creation an Internet platform for medium and large companies to set up industry specific Internet-based solutions to streamline global Procurement and Distribution. He Architected and delivered award winning Citizen Services Solutions in area of eGovernance such as Nirmala Nagara.
Ninawa e-Governance Roadmap/ Anmar Natik Mohammed, Manager of e-Governance Programme in Ninawa Governorate

Plenary Session 5: Challenges of Government Interoperability Framework Implementation, Standards and Information

Chairman: Mr. Mohammed Raji Mousa, Council of Ministers Secretariat (COMSEC)

Government Interoperability Frameworks: Global Overview and implications for Iraq/ Sunil Abraham This paper attempts to identify some next steps for the implementation of the Iraqi Government Interoperability Framework and National Enterprise Architecture[GIF/NEA]. The paper begins with an introduction which provides an historical overview of the GIF/NEA formulation process an the policy document itself. This is followed by a discussion of Open Standards to understand why the GIF/NEA and other open standards policies in the Iraqi government remain critical from a variety of perspectives. The paper then proceeds to look at GIFs across the world and attempts to characterize some of the strategies employed by governments to reach their policy objectives. The paper also features a examination of emerging semantic standards that are most useful from the perspective of storing government data. The paper ends with certain concrete recommendations for taking the open standards agenda forward with Iraqi e-governance. Sunil Abraham is the executive director of the Centre for Internet and Society (CIS), Bangalore. CIS is a 4 year old policy and academic research organisation that focuses on accessibility by the disabled, intellectual property rights policy reform, openness [Free/Open Source Software, Open Standards, Open Content, Open Access and Open Educational Resources], internet governance, telecom, digital natives and digital humanities. He is also the founder of Mahiti, a social enterprise aiming to reduce the cost and complexity of information and communication technology for the voluntary sector by using free software. Sunil continues to serve on the board of Mahiti. He is an Ashoka fellow and was elected for a Sarai FLOSS fellowship. For three years, Sunil also managed the International Open Source Network, a project of United Nations Development Programme's Asia-Pacific Development Information Programme, serving 42 countries in the Asia-Pacific region. In 2007 - 2008, he managed ENRAP an electronic network of International Fund for Agricultural Development projects in the Asia-Pacific, facilitated and co-funded by International Development Research Centre, Canada. Sunil currently serves on the advisory boards of Open Society Foundations - Information Programme, Mahiti, Tactical Technology Collective, Samvada and International Centre for Free/Open Source Software.

Plenary Session 6: Building e-services

Chairman: Dr. Saad Najem / University of Mustanserieh

Breaking information silos: towards an Iraqi e-Service ecosystem supporting the life-event approach/ Emilio Bugli Innocenti This paper analyses the current status of the e-Service implementation within the e-Governance programmes in developing countries with a specific focus on the Life Event approach delivery of-e-Services along with the related Service Oriented Architecture. Then, it discusses the most suited SOA engineering methodology in order to boost e-Service re-use and integration. Finally, a combined SOA and Cloud Computing approach is proposed in order to provide an effective/efficient implementation of Iraqi e-Governance Action Plan along with a possible fast take-up of e-Services. Emilio Bugli Innocenti has 27 year experience in the ICT domain and over 20 in the e-Governance domain. As Senior e-Governance Consultant he has been working with assignments in transition and developing countries in the Balkans, Caucasus, Middle East, South America and South East Asia. He has been Project Manager of large International ICT projects targeting different sectors and e-Governance, in particular dealing with the implementation of e-Services. He is member of the Italian Industry Executive Association, IEEE Computer Society and Association for Computing Machinery. He holds a MSc in Physics and speaks English, Italian and French.
E-governance and cloud computing services This lecture addresses the historical perspective of cloud computing from a virtual concept to provide computing as a public facility launched in the mid-sixties of the last century as well as the phases of computing services offered by individual computers and then the network to the services provided on line. It also addresses the benefits and types of cloud computing comparing between the benefits and weaknesses of each type. Furthermore, it particularly tackles the economic benefits of balancing security with information, through the architecture and various levels of cloud computing and its impacts on architectures that must be taken into consideration. Furthermore, the ten risks will be put in cloud computing in particular. Adil Matloob is one of the advisors to the Ministry of Science & Technology Baghdad, Iraq. He works in the field of knowledge based systems and artificial intelligence for the last 30 plus years. He was the managing director of the SoftDev limited; a British based company, and a technical director for the Washington based multinational company; the United Press International. He is one of the pioneers’ researchers on machine translation software in the beginning of the nineties with the product known as ArabTrans software. He works on Arabic data mining as well as Arabic abstraction and Arabic knowledge based system. Adil has M.Sc and PhD from Manchester University, Manchester, United Kingdom in 1977 & 1980 respectively.

For more details visit http://editors.cis-india.org/news/second-international-e-governance-conference-at-baghdad

Meeting of the Network of Internet & Society Centers

praskrishna — 2012-12-11T10:18:41Z

The Berkman Center for Internet & Society at Harvard University together with the Alexander von Humboldt Institute for Internet & Society in Berlin, in collaboration with the Centre for Internet and Society Bangalore, the Center for Technology & Society at the Fundação Getulio Vargas (FGV) Law School, KEIO University SFC, the MIT Media Lab, the MIT Center for Civic Media, and the NEXA Center for Internet & Society, will host a highly interactive and participatory meeting of representatives from these and other research centers focused on Internet and society issues.

Taking place on December 6-8 in Cambridge, Massachusetts, this gathering will serve as the inaugural event for a nascent global network and create an opportunity for participants to scope and identify mechanisms for collaboration, research, and informal coordination.

Theme

Internet-driven Developments: Structural Changes and Tipping Points As a starting point, the December meeting will focus on the theme of “Internet-driven Developments: Structural Changes and Tipping Points,” provoking both substantive questions to facilitate ideas for collaboration, as well as process-oriented questions regarding the structure, governance, and composition of the network of centers. This topic is intended to provide a conceptual lens for the meeting itself, and to enable myriad connections to the diverse research areas and interests of the participating organizations; however, it is not meant to frame the thematic areas of the network writ large. Rather, we hope that the theme stimulates conversations about future areas of collaboration within and beyond the topic areas outlined in this concept note.

With this goal in mind and building upon the research interests of the participants, the two proposed overarching “horizontal” questions of the meeting are:

What are the structural changes (as opposed to hype, fashion, spikes, etc.), from societal, economic, legal, and educational perspectives, promoted by the Internet and related technological advancements? What do we know about these tectonic shifts and where are knowledge gaps? How do these shifts compare to earlier changes facilitated by new technologies? What further changes do we anticipate?
2 What are the forces and tipping points that have catalyzed these structural changes— including the actions of individuals (such as users, citizens, and individual activists) and institutions (such as government, business, and civil society)? Where do we currently see or anticipate tipping points? As a research community that seeks to inform advocacy efforts, policymaking, civic discourse, and other societal interests, how can these concepts inform or drive our activities?

We hope to discuss these guiding (“horizontal”) questions in the context of exploring two areas of research or use cases (“verticals”), which might inspire future activities of the network itself as well as collaboration among participants:

Political participation: Various research efforts over the past decade have focused on the question of if and how the Internet changes political participation, from new forms of electronic voting to the broader question of potential changes in political discourse in the digitally networked public sphere. During the meeting, we will take stock of the current landscape, with a particular focus on recent elections and political movements around the globe, and explore open questions, future research directions, questions, emerging tools and methodologies.

Production modes: Digital technologies in general and the Internet in particular have changed the ways in which goods are produced and services provided. Within this context, new modes of production — most prominently “peer-based” models — have emerged, accompanied by innovative organizational models and set-ups. Questions we hope to explore include: How relevant are these shifts from an economic, organizational, societal, business, and creative perspective? Has recent empirical research confirmed the theory of commons-based peer production, or challenged it? What conditions facilitate new modes of Internet-based production and what are the benefits and challenges from a public policy perspective? What do interesting case studies in the field, from collaborative online journalism to crowd-funding, tell us about the direction of this trend?

In a number of learning calls leading up to the meeting, we hope to further specify the proposed substantive areas, identify core issues of mutual interest for discussion, nominate speakers and rapporteurs, and learn about each other’s work in respective areas.

Key Objectives

The meeting will not only focus on substantive issues within the proposed themes, but also seek to provide a foundation for discussions regarding structural and process-oriented objectives for the network.

Substantive goals include: based on the proposed themes and topics, becoming familiar with each other’s work; facilitating the exchange of information regarding current and future projects, research areas, and innovative methods; identifying connection points, concrete ideas for initial and continued institutional collaborations on projects, and tools to support sustained and future efforts; and building a shared vocabulary and structure for collaboration among Internet & society centers, including existing and potential actors in the Global South.

Structural/process-oriented objectives include: defining the scope and core DNA of the network; exploring initial structures for governance, shared research, exchange programs, and mechanisms for collaboration; and identifying tools and practices for communication among teams, within the network, and externally.

From Ideas to Action

Using the substantive discussion as a jumping-0ff point, we will collectively explore how to apply lessons learned from the process of conducting interdisciplinary and international research into a network that embodies those same values. What analytical frames and empirical indicators can researchers offer to better inform policy makers and citizenry? How can we make public debates more rational and informed? What are methodological and data issues we should consider in research projects? What role do we envision for advocacy and broader communication for greater societal impact? How do these discussions inform and scope the potential areas of activity of the network? Through what specific mechanisms, such as research, tool development, convenings, or teaching, will Centers address these challenges? Invited colleagues, collaborators, and guests will provoke discussions and pose questions that challenge current assumptions and encourage experimentation.

Mode of Engagement

We are committed to leveraging the tremendous diversity of the participants to develop novel understandings — and approaches to reaching them — by actively embracing differences in geography, discipline, organizational approach, culture and context, among many other facets. Not only must we consciously address the more straightforward challenges of translation (language and discipline), but we must proactively develop ways to meaningfully and efficiently engage the deeper divisions we identify among us. Allowing differences to become splits would be unfortunate, but more importantly, it is at precisely these gaps where new perspectives are possible, and great gains are within reach.

Fulfilling this commitment will be a real challenge because it requires behavior change on our part. We must avoid or explain terms of art, make explicit and explore our assumptions, explain our methods, perform necessary translations, and otherwise take steps to maximize hospitality and genuine understanding. Because this work is interactive in nature, it is essential that we are economical in our group discussion, leaving as much time for the interactions that will highlight and address gaps, rather than making extended monologues that risk losing other participants and sacrifice the provocative stimuli offered by our diversity. In short, let us be clear, brief and to the point. Let us listen to each other closely and encourage new voices, rather than inadvertently privileging only a few dominant ones. Let us be aware that participants will have different styles of engagement, and that we need to collectively find ways to embrace them, even as they adapt to this special environment. Above all, let us have enjoy this rare opportunity to gather and engage on issues we care about with this unique group of colleagues.

Draft Agenda

Thursday, December 6
9:30-1:00 pm (Optional) Cyberscholars Forum For those meeting participants who arrive in Cambridge early, we welcome them to attend a half day meeting of the Cyberscholars Working Group, which includes fellows from the Berkman Center for Internet & Society, Yale Information Society Project, MIT Media Lab / Center for Civic Media, and other institutions.
3:00 Opening Exercise: Mapping Collaboration The opening session of the symposium on “Structural Changes and Tipping Points” will include participants of the Cyberscholars forum, and will highlight the landscape of existing collaborations among researchers, as well as generate ideas for new modes and methods for collaboration to be considered over the course of the meeting. This early convening will allow the opportunity for representatives to bring the unique strengths of their institutions to the table and consider ways we can take advantage of coordinated efforts.
5:30 Opening Session Structural Change: Understanding Structural Changes, Tipping Points, and their Effects on Systems Historical examples of significant structural change, and the events and conditions leading up to those dramatic shifts, will offer a lens for the meeting where societal advancements catalyzed by technological innovation can be analyzed and understood. As digital technologies increasingly intersect with and support institutions, industries, and individuals, what cautionary tales does history reveal regarding how to study and engage important tipping points? What lessons from history will enable societal development? And what structures are currently changing or are ripe for change (and research) in the next decade?
6:45 Joint Reception with Cyberscholars Participants The reception will include displays from the Harvard metaLAb and the Harvard Library community.
Friday, December 7
8:30 am Breakfast
9:00 Welcome
9:15 Foundations: Key Ingredients for Structural Change in the Digital Ecosystem: Data, Algorithms, Intermediaries This opening session will set the stage by exploring the key elements that facilitate current and the next generation of structural shifts in the digitally networked information ecosystem and discuss both drivers and inhibitors of change from social, economic, legal, and educational perspectives. Instead of providing a holistic overview of all factors that are in play, the session will focus on three particularly important elements: the power of “big data”, the importance of algorithms, and the role of new intermediaries. Beyond phenomenological stock-taking, the participants will discuss the next generation of legal, ethical, economic and other issues that arise in the context of these key elements and the need for collaboration - and potentially intervention – with regard to these and related factors of change. The discussion will help orient the relationship between structural change and associated tipping points, and will be further explored throughout the day via participant-organized breakout sessions and use case discussions.
10:15 Use Case #1 Political Participation: New Orders, Democracy, Governance, and Civic Engagement Various research efforts over the past decade have focused on the question of if and how the Internet changes political participation, from new forms of electronic voting to the broader question of potential changes in political discourse in the digitally networked public sphere. During the meeting, we will take stock of the current landscape, with a particular focus on recent elections and political movements around the globe, and explore open questions, future research directions, questions, emerging tools and methodologies. Examples we could examine, and potentially consider as “tipping points,” may range from SOPA, PIPA, and ACTA to the Arab Spring and the post-election crisis in Kenya in 2008 to many other major political events. These examples may also highlight the limits, challenges, and dangers of the new media environment.
11:15 Coffee Break
11:30 Morning Breakout Sessions & Afternoon Proposals Semi-moderated discussion sessions proposed by participants in advance of the meeting (such as sessions on Internet & democracy, research methods, region specific issues, and other projects) will take place, with an eye towards developing contributions to the final session on future directions.
Additionally, participants will brainstorm and propose sessions to lead during the unconference sessions in the afternoon, with a preference for more exploratory topics. Anyone at the meeting can suggest, lead, or participate in the discussions, and topics can range from those relevant to the substantive themes of the symposium to ideas for networking, shared research, and anything beyond.
12:30 pm Lunch
1:30pm Use Case #2 Economic and Production Modes: New Models for Innovation & Entrepreneurship Digital technologies in general and the Internet in particular have changed the ways in which goods are produced and services provided. Within this context, new modes of production — most prominently “peer-based” models — have emerged, accompanied by innovative organizational models and set-ups. Questions we hope to explore include: How relevant are these shifts from an economic, organizational, societal, business, and creative perspective? Has recent empirical research confirmed the theory of commons-based peer production, or challenged it? What conditions facilitate new modes of Internet-based production and what are the benefits and challenges from a public policy perspective? What do interesting case studies in the field, from collaborative online journalism to crowd-funding, tell us about the direction of this trend? Examples of market and industry shifts, institutional changes, and individual impact may serve as illustrations of tipping points where new models of production have fostered true innovation, and reveal paths for what to expect in the future.
2:30 Participant-Led Unconference Sessions Meeting participants who proposed sessions will lead discussions around topics related to the main theme of the symposium or around ideas related to the formation of a network of centers.
3:30 Break
4:00 Reflections and Future Directions A rapporteur from each center will offer brief reflections and key takeaways based on their experience during the meeting. A shortlist of “low hanging fruit” (i.e. things that we can immediately start to collaborate on) will be developed in advance and serve as the basis for the session, so the group can make progress towards developing a substantive agenda and initial workplan for the network at the meeting.
7:00 Reception and Party
Saturday, December 8
9:00-12pm Breakfast session: Action plan for the next year In the Food for Thought mode, representatives will meet to discuss an innovation and collaboration agenda for the inaugural year of the network. Using inputs from learning calls and the previous days of the meeting, participants will work to identify existing or new projects where researchers, faculty, and staff can immediately begin collaborating. We will also create a rough plan for addressing action items that are “low hanging fruit” for the launch of the network.

For more details visit http://editors.cis-india.org/internet-governance/events/meeting-of-network-of-internet-and-society-centers

The real Sibal’s law: Resisting Section 66A is futile

praskrishna — 2012-12-03T05:16:11Z

The Information Technology Act is “substantially the same” as laws instituted in other democracies like UK and the United States. What’s more, the language that is employed in various sections is exactly the same. Thus was the thrust of Kapil Sibal’s defense of Section 66A on NDTV last night.

The article by Lakshmi Chaudhry was published in FirstPost on November 30. Pranesh Prakash's blog post on section 66A which was also carried in Outlook is quoted.

The problem therefore lies not in the law but in its interpretation: “It’s very difficult to interpret the act on the ground. If you give this power to a sub-inspector of police, it is more than likely to be misused.” Sibal is hence “open” to putting in place guidelines that may prevent such abuse, whether it involves requiring a senior police officer to make the call or specifying the “circumstances” in which the law is applicable.

Now, there are many ways to tear apart Sibal’s logic. In Outlook, for example, Centre for Internet and Society’s Pranesh Prakash offers a detailed comparison with the UK law to show that: one, the UK courts have “read down” the “broad wording” of the law; two, they remain subject to EU human rights provisions; and three, UK law may well be unconstitutional under the Indian Constitution which offers stronger free speech protection.

Prakash’s legal arguments are worthy, meticulously argued and — in my view — somewhat moot.

Here’s why. Would discarding or amending Section 66A prevent the MNS goons from hauling Sunil Vishwakarma to the police station for a Facebook update? Would it prevent the Palghar policemen from filing a case against Shaheen and Rinu under pressure from the local Sainiks? Would that Jadhavpur professor then be immune from Trinamool harrassment for offending Mamata?

The answer is a big fat N-O.

Sibal is right. In India, the actual law is often irrelevant. Interpretation is all. And that interpretation in the real world of the police thana is determined not by legal standards but according to political power. So we have wonderfully progressive statutes on the book — as we do in the matter of women’s rights — that exist only in theory. More effective and employed are the draconian, colonial-era laws that are routinely used to punish the innocent. The IT act is just one of them.

In India, law is a weapon, a brahmastra of the powerful. The Sainiks were looking to make an example of someone, to exercise their political brawn. Shaheen and Rinu were convenient targets, and once selected, no law could have saved them from Shiv Sena wrath. The legal threshold for “offensive” content is irrelevant to NCP Kiran Pawaskar who put pressure on the police to arrest two Air India employees because they “shared lewd jokes about politicians, made derogatory comments against the Prime Minister and insulted the national flag in their posts.”

The goonda raj of politicians on the Internet merely reflects the reality offline. All that our online activity does is make the aam aadmi more visible, and therefore easier to target and victimise. They can’t put in spy cameras in every living room, but now they can monitor our conversations on Facebook and Twitter instead. In a sense, the Internet has allowed Big Brother into our homes

This is why comparisons to UK or US — which enjoy the rule of law — are irrelevant. And why upgrading the rank of the policeman — DCP or Inspector-general — making the call will not change the outcome in most cases. The political pressures on a DCP or IG are not different than on a lowly sub-inspector who takes action not because he doesn’t understand the law, but because he understands all too well the costs of non-compliance. As for putting a magistrate in charge, well, it was a magistrate who authorised the arrests of Shaheen and Rinu.

The only reason the policemen who arrested the girls may be punished is that the Congress party is in power in Maharashtra, as in not the Shiv Sena or the BJP. In Kolkata, for example, Mamata-di has no intention of taking action against those who arrested Ambikesh Mahapatra. ‘Raja chale bazaar to kutta bhonke hazaar‘ (the king walks to market, though a thousand dogs bark),” declared Didi when pressed on Justice Katju’s criticism of her anti-free speech stance.

It succinctly embodies the attitude of our leaders. Sibal may be saddened by the Palghar case but he was every bit as unruffled as Mamata when Ravi Srinivasan was arrested for an innocuous tweet accusing Karti Chidambaram of corruption. There are naturally no plans to drop the case against him. So it matters little if the IT act is amended or who is tasked with interpreting Section 66A. Who is punished, who receives justice, however delayed, is determined by politics not law.

In his NDTV interview, Sibal chided Barkha for bringing up “5-10 instances” of unlawful arrests when “there must be millions of [abusive] comments that have been put on the internet.” It’s a familiar Sibal strategy that he has employed in the past. Pressed on Ravi Srinivasan’s arrest, he told reporters, “There are 500 things by the name of Kapil Sibal and there are some things which I really don’t like. But I have not taken action.”

What he’s really saying is that each time we update, tweet or comment, we enter an online version of russian roulette, the kind you play with a gun. You never know which chamber is loaded, or when a politician is likely to pull the trigger. We survive not by the mercy of the law but at the whim of the powerful. In India, law isn’t an ass; it’s our dear netaji’s chaprasi.

For more details visit http://editors.cis-india.org/news/first-post-politics-lakshmi-chaudhry-november-30-2012-the-real-sibals-law-resisting-section-66a-is-futile