Centre for Internet and Society

Web Accessibility Policy Making

praskrishna — 2012-06-21T06:28:22Z

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Web Accessibility as a Government Mandate?

praskrishna — 2011-08-17T08:46:13Z

Is Web accessibility just a Government Mandate? Should private sites be ignored? Wesolowski examines this in light of the steps taken by ictQATAR to make its website accessible to W3C standards, and hopes that Qatar and eventually all other Arab nations will follow suit and make Web accessibility much more of a mandate.

Most web developers know that they should make their websites accessible to persons with disabilities, such as including captions for videos to assist the hearing impaired, designing navigation so it can be done through a keypad as opposed to a mouse and including descriptive captions for the blind. But too often developers choose fancy design over accessibility. In some countries though, accessibility is no longer an option!

In a recent white paper published by my friends at G3ict (thank you again for taking me to see the Center for the Visually Impaired when I was in Atlanta last June – inspiring!), web accessibility is examined from a policy perspective. The white paper’s editor, Nimita Narasimhan from The Center for Internet and Society in Bangalore, India, examines web accessibility policies in 15 countries and the EU in terms of scope of policies and the type of policy. Scope refers to how comprehensive a policy. Type refers to the level of enforcement in place for the policy, ranging from being only suggested guidelines to legislative mandates.

Not surprisingly, few countries currently have a high scope and high policy enforcement level (see chart below), but more and more countries are adopting guidelines and are trending towards real enforcement. The white paper notes that W3C has already developed comprehensive guidelines for countries to use, but that in countries that do not use a Latin-based language, such as here in the Gulf, the guidelines often need to be customized to fit specific online language needs.

I found it interesting how so many countries are adopting Web accessibility standards, but also how rarely they seem to have any legislative mandate behind them. In many of the countries that do have a legislative mandate, web accessibility is often tied to a broader piece of legislation dealing with persons with disabilities in general. May be this is the way for more countries to go. I also found it interesting how most legislation makes Web accessibility mandatory only for government sites, but ignores any private sites – this seems to me to very much limit the impact.

In Qatar, we are still at the early stages. ictQATAR has made its website accessible to W3C standards and has encouraged other government agencies and organizations to follow suit. This is clearly just a first step and hopefully Qatar and other Arab countries will start to make web accessibility much more of a mandate.

For original article on Digital Qatar

For more details visit http://editors.cis-india.org/accessibility/blog/web-accessibility-government-mandate

Web Accessibility (Daisy) File

praskrishna — 2012-03-02T09:32:51Z

This is the Daisy file of the Web Accessibility report published jointly by CIS and G3ict.

For more details visit http://editors.cis-india.org/accessibility/daisy-file

Weaver

praskrishna — 2014-05-27T08:58:00Z

Weaver

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We, the Cyborgs

praskrishna — 2015-04-10T09:12:23Z

For more details visit http://editors.cis-india.org/raw/digital-humanities/blogs/we-cyborgs

We've come a long, long way together: building coalitions around the right to privacy

praskrishna — 2015-10-29T01:30:50Z

Our worldwide coalition against surveillance is expanding, reaching organisations across all continents and silos.

This article by Matthew Rice was published as part of an openDemocracy editorial partnership with the World Forum for Democracy. Centre for Internet and Society was mentioned.

In the wider civil society space, the opportunities for travel come thick and fast. From the multi-stakeholder perspective, the Internet Governance Forum will be held during November in João Pessoa, Brazil. There is the Stockholm Internet Forum in, naturally, Stockholm. In freedom of expression there is the International Freedom of Expression Exchange Strategy Conference in Trinidad & Tobago, while End Violence Against Women International's conference will be held in Washington in March 2016. What doesn't happen often is an opportunity for these weary travellers to meet in one place and discuss their backgrounds, their similarities, their differences. This is what excites me about the upcoming World Forum for Democracy, which will be organised by the Council of Europe in Strasbourg on 18-20 November 2015. It will be an occasion to meet new people, to bring more minds to think about how surveillance affects their work as well as them as individuals within our and their society, and to discover what the right to privacy means to them.

Building coalitions working on surveillance has reached a new stage. We now have a strong international network of organisations from diverse countries already representing an impressive array of stakeholders across disciplines. That took time and effort to build. The next phase is to push even further the diversity in background and discipline of organisations engaged in these debates as we advocate for the protection of the right to privacy as a fundamental human right.

NSA/GCHQ who?

While the focus of privacy and surveillance in the media has been on the deeply important Edward Snowden revelations, building a global network has provided an opportunity to move away from the simplified nexus of NSA and GCHQ. Casting an eye around the world we see organisations making gains in elevating their national discourse around privacy and pushing governments to make changes. In Pakistan, a successful challenge against the dangerously bad Prevention of Electronic Crime Bill because of its lack of inclusion of civil society in the debate led to the postponement of the bill and a consultation with the previously frozen out groups. Alongside this, exposing Pakistan's Inter-Security Intelligence agency's proposal for a mass surveillance system helped to drive national debate on what is a proportionate interference with the right to privacy, which involved local groups such as the Digital Rights Foundation, Bytes 4 All and Bolo Bhi.

In Colombia, the release of two investigative reports into the shadowy world of intelligence agencies has provided organisations in the country with the opportunity to question their own representatives about their knowledge of surveillance capabilities. A meeting of the intelligence commission, the committee that oversees the work of Colombian intelligence agencies, in early October was too coincidental to not have been influenced by the work of organisations like the Karisma Foundation in beginning discussions with lawmakers directly and delivering the reports to the relevant stakeholders.

Only five years ago, these stories of civil society stirring debates on privacy and national security wouldn't have been possible.

It has taken years for this global network to form. Privacy International began the conversation through work in Asia in mid-2008. This is often referred to as the first time that the right to privacy had been discussed with organisations in the region, such as the Centre for Internet and Society in India, or the Foundation for Media Alternatives in the Philippines. Those first conversations have come a long way, as shown by the development of initiatives like the International Principles on the Application of Human Rights to Communications Surveillance, which has been signed by 420 organisations from around the world, as well as the expansion of Privacy International across continents from Latin America to Africa and Asia.

Discovering new allies

Establishing this global network required the identification of an ideal type of partnering organisation. It was to be either engaged in research or activism, with a focus on policy relating to modern forms of communication like the internet. An interest in law, the state, and the effect of the private sector helped too. Now, this ideal type is being rewritten, expanded with new characteristics.

Coalition development is in a new phase. Groups outside of the field of internet governance and 'digital rights' are now becoming involved in the debate about privacy and surveillance. In Britain, the role of organisations focused on victim support and child protection are starting to taking an active role in the discussions about the forthcoming Investigatory Powers Bill, which will spell out the powers of the security services to conduct surveillance and associated safeguards. Other civil society actors will be represented in the coalition Don't Spy On Us, which includes organisations such as Privacy International, Open Rights Group, Liberty, Big Brother Watch, Article 19 and English PEN, and which has helped to expand the base of participants in the discussions.

Journalist groups have been growing in their presence also. Press Gazette's Save Our Sources campaign focused on the protection of the anonymity of sources after the unlawful use of the Regulation of Investigatory Powers Act to identify the source of a story from The Sun. The National Union of Journalists has also been running a campaign on these issues for over a year.

The global network has continued to expand its address book too. In Chile, Derechos Digitales has been reaching out to indigenous communities threatened with displacement from their land to discuss the effect surveillance has had on their work. Meanwhile, in South Africa, the Right 2 Know Campaign published a series of case studies on the harassment of various activists, community leaders, think tanks and local unions by intelligence agencies.

These past few years have shown groups from different professional backgrounds and operating at different scales, either nationally or internationally, have become more engaged in the topic of surveillance. This is both a natural and a necessary development. As our lives are increasingly dependent upon the use of technology to communicate, and the devices we carry broadcast information about us even when we are not using them, the discussion on privacy and surveillance needs to reach all areas of society.

The idea to be presented at the World Forum for Democracy is built on the back of this international movement. Currently, national jurisdictions around the world make a distinction between the communications of a national and those of a non-national, and afford them with different human rights protection. In our increasingly interconnected world, this distinction is a big hurdle to the realisation of a meaningful right to privacy, without discrimination. By introducing a right to privacy through interference based jurisdiction – where states owe a negative obligation not to interfere with a person’s communication – our right to privacy will travel with the communications we send.

The success of this idea requires a worldwide, international movement with diverse voices, who will work towards this change using the skills and experiences acquired in their own work, whether that is through strategic litigation, policy development or community organising. All skills and approaches have a role to play in realising the right to privacy across the world.

As I look at the programme for the World Forum for Democracy, and at the different Labs to be held, I see an opportunity to continue to expand this coalition, as well as to learn from other groups’ experiences of building similar movements. Labs organised by interfaith, intercultural, or anti-hate groups bring together people that Privacy International would not normally cross paths with. Meeting new ideas and perspectives on how to achieve change – this is where creativity sparks.

The past few years have exposed Privacy International’s area of work to different cultures, different contexts and different challenges. It has been for the better. The participation of PI, along with some of its partners, in the World Forum for Democracy appears set to carry on this trend.

For more details visit http://editors.cis-india.org/internet-governance/news/open-democracy-matthew-rice-

We the goondas

praskrishna — 2014-08-04T15:06:18Z

You can now be arrested in Karnataka even before you commit an offence under the IT Act. You could be in jail under the Goonda Act even if not guilty under the Indian Copyright Act. If govt thinks you are planning to send a 'lascivious' photo to a WhatsApp group, or forwarding a copyrighted song, you can be arrested.

The article by Shyam Prasad was published in the Bangalore Mirror on August 4, 2014. Sunil Abraham gave his inputs.

Have a smartphone? Run for cover. Bizarre as this might sound, the cops are going to come after you if you so much as forward a song to a friend. Forget actually doing it, any plans to do so could land you in serious trouble too. You could be labelled a 'goonda' in the eyes of the State and find yourself behind bars.

In a completely unfathomable move, Karnataka has brought most offences under the Information Technology Act, 2000, and Indian Copyright Act, 1957, under the ambit of the Goonda Act. Until now, people with a history of offences like bootlegging, drug offences and immoral trafficking could be taken into preventive custody. But the government, in its enthusiasm, while adding acid attackers and sexual predators to the law, has also added 'digital offenders'. While it was thought to be against audio and video pirates, Bangalore Mirror has found it could be directed at all those who frequent FB, Twitter and the online world, posting casual comments and reactions to events unfolding around them.

So if you are planning a digital 'offence' — which could be an innocuous opinion like the young girls' in Mumbai after the bandh declared on Bal Thackeray's death — that could attract the provisions of the Information Technology Act. You can even be taken into preventive custody like a 'goonda'. Even those given exceptions under the Indian Copyright Act can find themselves in jail for a year without being presented before a magistrate. Technically, if you are even planning to forward 'lascivious' memes and images to a WhatsApp group or forwarding a song or 'copyrighted' PDF book, you can be punished under the Goondas Act.

The law-makers clearly did not dwell much on the implications while bringing the majority of the populace within the ambit of this law. On July 28, the Karnataka Legislature passed (it took barely a minute from tabling to voice vote), 'The Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-grabbers and Video or Audio Pirates, (Amendment) Bill, 2014'. The amendment adds, "Acid attackers, Depradator of Environment, Digital Offenders, Money Launderers and Sexual Predators", to the title. In common parlance, this law is known as the 'Goonda Act'.

The move has come as a shock to the legal community which has slammed it, terming it an attempt by the state to usurp central powers. The government had earlier included 'piracy' under the Goonda Act. But it was applicable only to those pirating film DVDs. Now, this will include books, film songs, music, software or anything big corporates and multinationals claim they have copyright on.

Sunil Abraham, executive director, Centre for Internet and Society, is left in no doubt that the new law is "a terrible thing". "It is a sad development. It is not just bringing the provisions of the IT Act, but also the Copyright Act, that will hurt the common man," he said.

'Digital Offenders' means "any person who knowingly or deliberately violates, for commercial purposes, any copyright law in relation to any book, music, film, software, artistic or scientific work and also includes any person who illegally enters through the identity of another user and illegally uses any computer or digital network for pecuniary gain for himself or any other person or commits any of the offences specified under sections 67, 68, 69, 70, 71, 72, 73, 74 and 75 of the Information Technology Act, 2000."

Section 67 of the IT Act will be the most dangerous for the common man with a smartphone in hand now. The section, "Publishing of information which is obscene in electronic form," includes "any material which is lascivious or appeal to the prurient interest." This could have a very broad interpretation.

Advocate Nagendra Naik says, "The Goonda Act provides for preventive arrest. In the Information Technology Act and The Copyright Act, you have to commit the offence to be arrested. But here, you can be taken into preventive custody even before you commit the said offences. In normal arrests, you can straightaway apply for bail. But under the Goonda Act, you cannot. There is a long process of review and you will be in custody at least till then. The third impact is, you can have a history sheet started against you by the police. Technically, your slips on WhatsApp will attract the Goonda Act against you."

Supreme Court advocate KV Dhananjay said the Goonda Act is a draconian piece of legislation and it necessarily mocks at the institution of courts and lawyers. "After the passage of the various amendments to the Goonda Act, Karnataka now looks like a mini North Korea where police mood swings will decide whether the ordinary citizen has any right at all," he said.

Advocate Shyam Sundar, says, "What if your smartphone has a list of repeated material sent out over days or weeks. Most people do not even know if their phones are affected by viruses which could be sending out such material. Another example is of Facebook. There are so many FB pages with pornographic content. If someone who has subscribed to such a page sends you a friend request and you accept it, that content will surface on your page. It will have a history of repetition. The amendment clearly opens up huge problems for the common people. There is no doubt of the law being grossly misused and the amendment to include provisions of the IT Act has been done without application of mind. What is lascivious appeal in the first place? A porn star has been made a film star in India. Is this not lust? Are there enough filters in place to secure your smartphone from online abuse?"

The new law will in all probability create more corruption than anything else, say experts. Dhananjay says, "Until last week, police postings in Bangalore and other bigger cities were selling for tens of lakhs. Thanks to these amendments, some postings that enforce the Goonda Act will now sell for a couple of crores. The public will not feel safe due to this draconian legislation. Those who enforce the Goonda Act, however, will become richer through corruption, thanks to the fear created by these new amendments."

One year in jail for the innocent too

Sunil Abraham gives two examples by which the amended Goonda Act will become a ruthless piece of legislation. "If I publish an image of a naked body as part of a scientific article about the human body, is it obscene or not? It will not be obscene and, if I am arrested under the IT Act, I will be produced before the magistrate within 24 hours and can explain it to him. But now, I will be arrested under the Goonda Act and need not be produced before a magistrate for 90 days. It can be extended to one year. So for one year, I will be in jail even if I have not committed any wrong. Another example pertains to bringing offences under the Copyright Act under the Goonda Act. In the Copyright Act, there is an exception for reporting, research, educational and people with disability. A visually impaired person, for example, can, without paying royalty, convert a book into another format like Braille or audio and share it with another visually impaired person on a non-profit basis. But if he is arrested under Goonda Act, he will be in jail for one year, even before he does it."

HAVE THEY READ STATUTE?
Supreme Court advocate KV Dhananjay says, "The definition of a 'digital offender' is simply laughable. I do not think that whoever asked the state government to include 'digital offence' under the Goonda Act has carefully read the Constitution of India. Under the Constitution, both copyright and telecommunications are exclusive central subjects. This means that states simply cannot make any law on these subjects." Dhananjay gives the example of payment of income tax. "You know already that only the central government can demand and collect your income taxes. Can any state government say that it will create a new law to punish its resident who defaults in payment of income tax? You would simply laugh at any such law. This new definition of 'digital offender' is no less amusing. Offences under the Information Technology Act, 2000, are exclusively punishable by the central government only. State governments have no power to say that an Act shall become an offence when it does not even have the power to regulate such an Act."

CRIMINAL LAW EXPERTS SAY
Senior designate advocate, MT Nanaiah: "This law will be too harsh. There are MLAs who do not know the meaning of cyber crime. We (advocates) will be kept busy at the cost of innocent people because of this step. It provides for arresting anyone who would allegedly be planning to do something. Finding him guilty or otherwise comes later. What happens if your phone is lost or somebody sends something from your phone without your knowledge? For the first few years, innocents will go to jail. Then the courts will probably intervene and call for modifying what is at best a bad law. A similar situation arose with Section 498(A) of IPC and Sections 3 and 4 of Dowry Prohibition Act. It was misused to such an extent that courts had to step in." Senior designate advocate and former State Public Prosecutor HS Chandramouli : "Even social legislations have been misused. And, in this case, most people are illiterate about what cyber crime is. It is mostly teenagers and college students who will feel the heat. These are the people who mostly forward material considered obscene. It is necessary to educate people through discussions, workshops in the bar associations, law college and with experts. The amendment has been passed in the Legislature without discussion, which is a tragedy. At least now, before it is gazetted, people should be warned about what is being brought into the Goonda Act. I do not know how fair adding 'digital offenders' in the Goonda Act will be to the public, but the chances of misuse are more. There are no riders or prosecution for misuse. And how many policemen know about cyber crimes? During the infamous 'kidney' case (where people were cheated and their kidneys removed) many policemen did not know the difference between kidneys and testicles."

ONE YEAR IN JAIL WITHOUT CHANCE OF BAIL FOR..

Forwarding a song from your phone
Forwarding an e-book from your email
A nude photo which the govt thinks is obscene
Any software that a company says it owns
A movie which a company says it has copyright on

For more details visit http://editors.cis-india.org/news/bangalore-mirror-shyam-prasad-august-4-2014-we-the-goondas

We Have the Answer for You. So, what's the Question?

praskrishna — 2015-05-08T12:30:51Z

The Everyday Digital Native Video Contest invited everyone to send in videos that answered the question: who's the everyday digital native? Participants from all parts of the globe now have the answers.

Click here to view the videos and vote for your favorite! Voting ends March 31, 2012.

Video

For more details visit http://editors.cis-india.org/digital-natives/answer-for-you-what-is-the-question

WB Jio

praskrishna — 2017-12-21T16:22:50Z

WB Jio

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Watson knows the Question

praskrishna — 2015-05-14T12:24:38Z

Now that an algorithm has given humans a run for their money on a quiz show, it’s time to rethink the idea of a machine. A fortnightly column on ‘Digital Natives’ authored by Nishant Shah is featured in the Sunday Eye, the national edition of Indian Express, Delhi, from 19 September 2010 onwards. This article was published on March 6, 2011.

Quantum theory suggests that multiple universes exist where every possible alternative can come true. If this were the case, somewhere there must be a world filled with machines that are looking at human evolution and figuring out new and advanced human machine relationships. Or for those who are not very quantum minded, imagine a world where machines are the evolved species and they depend upon human technology — emotional connections, semantic learning, etc. — for their daily transactions and survival. I am not suggesting a futuristic dystopia, like the kind that science fiction specialises in. However, it would be interesting to imagine a world where technology is not only at the periphery of human civilisation but at the centre of it.

I am proposing this world view to revisit the idea of a digital native. We have, so far, in scholarship and practice, education and policy, only looked at digital natives as young human beings who interact in new and innovative ways with evolving technologies, to form human-machine networks and assemblages. However, as Artificial Intelligence and Intelligence Augmentation develop to produce thinking technologies, it is time to start looking at being sapient as not necessarily a human condition.

Early last month, an artificially created super computing system called Watson (elementary, surely?) took the world by a storm as it competed against two human contestants on a popular American quiz show called Jeopardy! The trivia-based show provides answers clustered around a particular theme, and contestants have to ask the correct question to the answer, to win prize money. It is not a straightforward question-answer show because it relies on more than human memory and recollection. It gives cryptic clues (like the ones we are used to in a crossword), offers semantic relationships which need more than just a database memory, and relies on the contestants’ abilities to make creative connections between the clues in order to guess the right questions.

Watson, a product of seven years of research by IBM Research, works on an algorithm which simulates human language and cognitive patterns to make intelligent connections and deductions to understand the context of the clues and then provide answers. Powered by 2,800 super powered computers on a high-speed network, Watson competed against Jeopardy!’s biggest champions and made history as it showed extraordinary human learning and predictive powers. It has been one of the biggest achievements in advanced computing to develop an algorithm that mimics human learning and has changed the way in which we look at the human-machine relationship.

While much commentary on Watson revolves around what it means to be human, and subsequently, what it is to be a digital native, I have a different proposition to make. Perhaps, Watson’s debut on American television is not only about thinking what is human, but also about what it means to be a machine.

First, the Watson that appeared on TV was a sleek display screen that stood behind a lectern in the studio along with the human contestants. The original Watson was next door, being cooled by refrigeration units, but it appeared to the human audience (in and outside the studio) in its avatar. This was a radically new idea because we have always thought of the avatar as a technology based representation of human users. We find avatars on Facebook and in online role-playing games. To think of a machine appearing in a human form was radically new.

Second, Watson was not able to just make predictions by mining information. It was also able to display levels of confidence. If Watson was not confident about an answer, it did not push the buzzer to answer. In fact, once the information was harvested, it displayed its top three guesses to show that, like human contestants, it calculated risks of wrong answers.

Third, Watson was able to display or at least simulate human emotions. It took guesses even when in doubt. It showed a spirit of adventure and played big. It was disappointed when it lost or was happy when it got the answers. It was able to display its “emotions” through various displays in its form and could get the audience’s attention, applause and support.

What this experiment suggests to me is that Watson is perhaps a digital native. All our concentration has always been on human subjects, but synthetic life forms and technology-based intelligence, are blurring this distinction between humans and technologies. We should start thinking of a digital native as neither machine nor human being, but a combination of the two, residing simultaneously in both the realms of the physical and the digital. Watson is perhaps a new digital native, a technology that is growing and slowly learning from its interactions with the human world around it. One of these days, we might be living in the midst of computational devices, which, when we are flummoxed, might turn to us and say, “Elementary, my dear Sherlock!”

Contact: digitalnative@expressindia.com

Read the original in the Indian Express here

For more details visit http://editors.cis-india.org/digital-natives/blog/watson-knows

Water Data Consultation

praskrishna — 2012-04-04T06:24:33Z

Pranesh Prakash spoke on Policy Issues and Developments around Open Data at an event organized by Arghyam in Bangalore on March 23, 2012.

Agenda

10:00 a.m.	Welcome Address
10:05 a.m.	Introduction by participants about themselves and their organizations
10:45 a.m.	Context Setting and Data Project Pranesh/ Nisha *
11:30 a.m.	Tea Break
11:45 to 1:15 p.m.	Planning Commission Report Presentation and Q&A
1:15-2:00 p.m.	Lunch
2:00-4:00 p.m.	Discussion: Role of Civil Society Actors for Data
4:00-5:00 p.m.	Road Ahead ( including 15 minute consensus of Summary )
5:00 p.m.	Vote of Thanks
5:05 p.m.	High Tea

Venue: Evoma Hotel, # 14, Bhattarahalli, Near Garden City College, Old Madras Road, K.R Puram, Bangalore
Date: March 23, 2012

For more details visit http://editors.cis-india.org/news/water-data-consultation

water

praskrishna — 2012-11-02T16:05:39Z

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Watch: Aadhaar has become a whipping boy: Nandan Nilekani

praskrishna — 2017-05-19T09:54:52Z

India certainly needs a modern data privacy and protection law, Nilekani said in an interview.

The Alnoor Peermohamed and Raghu Krishnan was published in the Business Standard on May 13, 2017.

As debate rages over Aadhaar being a privacy and surveillance liability, its architect Nandan Nilekani says the unique identity programme has become a “whipping ward”. In an interview with Alnoor Peermohamed and Raghu Krishnan, he says we need a data protection and privacy law with adequate judicial and parliamentary oversight. Edited excerpts:

There is concern we are losing our privacy because of Aadhaar...

Privacy is an issue the whole world is facing, thanks to digitisation. The day you went from a feature phone to a smartphone the amount of digital footprint you left behind went up dramatically. The phone records your messages, it knows what you are saying, it has a GPS so it can tell anybody where you are, the towers can tell anybody where you are because they are constantly pinging the phone. There are accelerometers and gyroscopes in the phone that detect movement.

Internet companies essentially make money from data. They use data to sell you things or advertisements. And that data is not even in India, it is in some country in some unaccountable server and accessible to the government of that foreign country, not ours.

Then increasingly there is the Internet of Things. Your car has so many sensors, wearables have sensors and all of them are recording data and beaming it to somebody else. Then there are CCTV cameras everywhere, and today they are all IP-enabled.

So privacy is a global issue, caused by digitisation. Aadhaar is one small part of that. The system is designed not to collect information, because the first risk to privacy is if someone is collecting information. Aadhaar is a passive ID system, it just sits there and when you go somewhere and invoke it, it authenticates your identity. By design itself, it is built for privacy. I believe India needs a modern data privacy and protection law.

Why is Aadhaar being used as a proxy for the privacy and data protection issues?

It is a motivated campaign by people who are trying to find different ways to say something about it. Privacy is a much bigger issue. I have been talking about privacy much before anyone else. In 2010, when it was not such a big issue, I had written to Prime Minister Manmohan Singh saying we needed a data protection law. You could see what was happening, the iPhone came out on June 30, 2007, Android phones came around the time we started Aadhaar, so we could see the trend. I asked Rahul Matthan, a top intellectual property and data lawyer, to help and we worked with the government to come out with a draft law. And then there was the AP Shah Committee. The UIDAI’s DDG Ashok Pal Singh was a part of that committee, so we helped shape that policy.

When a banking application uses Aadhaar, the system does not know what the bank does. It is deliberately designed so that data is kept away from the core system.

I am all for a data protection law but we should look at it in context, look at the big picture. If people want to work together to create a data privacy law then it is a great thing. But if they want to use it to just attack Aadhaar, then there is some other interest at work.

Now that the government is linking Aadhaar to PAN and driver’s licences, will that not lead to Aadhaar being used as a surveillance tool?

Surveillance is conducted through a 24x7 system that knows what you are doing, so from a technology perspective the best surveillance device is your phone. The phone is the device you should worry about.

Aadhaar is not a 24x7 product. I buy one SIM card a year and do an e-KYC, the driver’s licence sits in my pocket and only sometimes someone asks for it. With the PAN card I file my returns only once a year.

But with all that data being linked, can the government not use it?

It is a valid concern and has to be addressed through a legal and oversight process. Aadhaar is just one technology. You do not attack the technology, you look at the overall picture.

The US has the Foreign Intelligence Surveillance Act under which special courts issue warrants to the FBI for surveillance. This is absolutely required and it should be a part of the data protection law (in India) which says under what circumstances the government can authorise surveillance.

Today mobile phones are being tapped by so many agencies. In the US, the FBI is under the oversight of the Senate. In India, Parliament does not have oversight of any intelligence agency. I remember (former Union minister) Manish Tewari had introduced a Bill six or seven years ago saying Intelligence agencies needed to be under the oversight of the Parliament, but nothing happened.

Is there any way to stop Aadhaar being used as a surveillance tool?

Today a person can be identified with or without Aadhaar. US systems can identify a person in a few milliseconds using big data. All that is part of what we have to protect. Aadhaar by itself is not going to add anything to that. What is important is that the infrastructure of surveillance comes under judicial oversight as well as parliamentary oversight.

Would the Aadhaar narrative have been different if this were a Congress-led government?

I think most people making this noise are against the government, so it is a political argument and Aadhaar has become a convenient whipping ward. Lots of different agendas are at work here. But my understanding is this - whether it is data protection and privacy, surveillance or security, these are all broad issues that apply to technology in general and if you are serious about solving the issues you should fix it at the highest level and have a data protection and privacy law which includes, mobile phones, CCTV cameras and Aadhaar.

A report by the Centre for Internet and Society says 130 million Aadhaar identities have been leaked...

It is because of the transparency movement in the last 10 years. In 2006, we passed the RTI Act and MNREGA Act. Section 4 of the RTI Act says that data about benefits should be made public. At that time it was all about transparency. Since then, governments have been publishing lists of MNREGA beneficiaries and how much money is being put into their bank accounts. At that time it was applauded. Now the same thing is coming back as privacy being affected.

These are not leaks; governments have been consciously putting out the data in the interest of transparency. The message from this is we have to strike a balance between transparency and privacy. And that is a difficult balance because Section 4 of the RTI Act says if a benefit is provided by the government it is public information, so the names of beneficiaries should be published because it is taxpayers’ money.

There is something called personally identifiable information. You should strike a balance between transparency and not revealing personally identifiable information. That is a delicate balance, and people will have to figure this out. The risk you have now is governments will stop publishing data - look, you guys have made a big fuss about privacy, we will not publish. In fact, the transparency guys are now worried that all the gains are being lost.

If Aadhaar is voluntary, why is the government forcing it on to various schemes?

There are two things, benefits and entitlements and government-issued documents. There the government has passed a law, the Aadhaar Bill of 2016, which is signed by the President. In that, there is a clear protocol that the government can use Aadhaar for benefits and what process they should follow.

The second thing is Aadhaar for government documents. There are three examples - PAN cards, driver’s licences and SIM cards.

The government has modified the Finance Bill and made Aadhaar mandatory for a PAN card. Why has it done that? Because India has a large number of duplicate PAN cards. India has something like over 250 million PAN cards and only 40 million taxpayers. Some of those may be people who have taken PAN cards just as ID but not for tax purposes, but frankly it is also because a lot of people have duplicate PAN cards. Why do people have duplicates? That is a way of tax evasion. The only way you can eliminate duplicate PAN cards is by having Aadhaar as a way of establishing uniqueness.

The second thing is mobile phones. Here the mobile phone requirement came from the Supreme Court, where somebody filed a PIL saying so many mobile phones are being given to terrorists and therefore you need to do an e-KYC when the SIM is cut and the government said they would use Aadhaar and they have been asked to do it by 2018.

The third thing is driver’s licences. As (Union Transport Minister Nitin Gadkari has said, 30 per cent of all driver’s licences are fakes. Now why is this important? Because when you have fake driver’s licences or multiple drivers’ licences, even if you are caught, you can give your fake licence and continue to drive. Today India is the country with the largest number of deaths on highways. Lack of enforcement, fake licences are all a problem. So in the latest Motor Vehicle Bill which was passed the government said Aadhaar was necessary to get a licence. So that you have just one driver’s licence, whether it is issued in Karnataka or Bihar, you have just one.

The government is also talking about using Aadhaar for the mid-day meal scheme...

If you talk to people on the ground, and I have spoken to people on the ground, a big part of the leakage is mid-day meals. It is not reaching children. So it is important that all this has to happen so children get what they need.

You engaged with governments and civil servants when you initiated the Aadhaar process. In hindsight, would you say you should have also engaged with civil society?

I do not think there is any other programme in history which reached out to every stakeholder in the country. When we started Aadhaar we met governments, regulators and even parliamentarians. I gave a talk in Parliament and we engaged deeply with civil society. In fact, we had one volunteer only to engage with civil society.

You said you were engaged with the previous government about the data protection law. Are you engaging with the current one too?

I am not really engaging. I know that people are working on it and recently the attorney-general has made a statement in the Supreme Court that the government will bring in a data protection law by Diwali.

We have heard of several instances of people not being able to get their biometric authentication done. Is there a problem with Aadhaar?

The seeding of data in the Aadhaar database has to be done properly and that is a process. Authentication has been proven at scale in Andhra Pradesh. Millions of people receive food with Aadhaar authentication in 29,000 PDS outlets. In fact, now they have portability -- a person from Guntur can go to Vijayawada and get his rations. It is empowering. We keep forgetting about the empowering value.

What has the Andhra Pradesh government done? They have used fingerprints, but they also have used iris scans, OTP on phone, and they have a village revenue officer if none of the above works. When you design the system, you have to design it in a way that 100 per cent of the beneficiaries genuinely get the benefit. Andhra Pradesh has shown it can be done.

The government needs to package the learning and best practices of Andhra Pradesh and take it to every other state. It is an execution issue.

Activists have raised concerns over the centralised Aadhaar database...

How else would you establish uniqueness? If you are going to give a billion people a number, how else would you do it? Is there any other way of doing it? Every cloud is centralised, then we should not have cloud systems.

How do you ensure security standards and software are updated?

There are very good people there. The CEO is very good. There is a three-member executive board with chairman Satyanarayana and two members, Anand Deshpande and Rajesh Jain. I have no doubt that they will continue to improve things.

On security, you keep improving. It is a constant race everywhere in the world. They are now coming out with registered devices that will make it more difficult to spoof.

But without a centralised database, how do you establish that an identity is not two people? If you look at the team that designed this, cumulatively they have a few hundred years of experience of designing large systems around the world. Every design decision has been taken consciously looking at the pros and cons. Why did we have both fingerprints and iris scans? There are two reasons. One is to ensure uniqueness. The second is inclusion. We knew that fingerprints in India do not work all the time because of age and manual labour. So we included iris scans. I can give you a document from 2009 that says all of this. All of these things were thought through.

If you are given a chance to design Aadhaar today what would you do differently?

I would do exactly the same thing. Go back and look at the design document. Every design has been articulated, the pros and cons are written down, published on our website, and it is a highly transparent exercise. It is the appropriate design for the problem we are trying to solve. We are forgetting about the huge benefits people are getting. Crores of people are getting direct benefit transfer without hassle. They can go to a village business correspondent and withdraw money using Aadhaar. They can get their SIM card and open a bank account using e-KYC.

You are also forgetting that people are getting empowered. That portability has ensured the bargaining power has shifted from the PDS shop owner to the individual. If a PDS guy treats him badly, the individual can choose another shop, earlier he could not do that. The empowerment of millions of people to buy rations at the shop of their choice is extraordinary.

For more details visit http://editors.cis-india.org/internet-governance/news/business-standard-may-13-2017-alnoor-peermohamed-and-raghu-krishnan-aadhaar-has-become-a-whipping-boy-nandan-nilekani

Watch out for fettered speech

praskrishna — 2012-09-02T09:30:50Z

The constant attempts at censorship in the name of national security should give all right-thinking Indians pause.

This article by Rohit Pradhan was published in the Business Standard on September 1, 2012. Pranesh Prakash is quoted.

It was always predictable. That the Indian government’s war against social media “hate mongers” would turn farcical and begin targeting all and sundry: from random parodies of Prime Minister Manmohan Singh’s Twitter account to prominent journalists like Kanchan Gupta and Shiv Aroor. And then Communication Minister Milind Deora discovered that his own Twitter account had been blocked.

The government blames social media for hosting objectionable content and rumour-mongering that allegedly contributed to the exodus of people of northeastern origin from cities like Bangalore and Hyderabad. Despite its best attempts, the government argues, it was unable to control the mass hysteria and was left with little alternative but to block 300 websites as well as ask Twitter and Facebook to delete “objectionable” content.

It is hardly the first time that social media has been blamed for facilitating riots. The role of BlackBerry’s instant messenger during the London riots of 2011 was constantly highlighted and there was even talk of banning the popular service before saner heads prevailed. Clearly, while rumours and doctored images have always been part of riots, the instantaneous nature of social media and the relative anonymity it affords offer additional challenges.

Nevertheless, the government’s constant attempts at censorship in the name of social harmony and national security should give all right-thinking Indians pause. Four simple reasons.

First, it is astounding how quickly the attention has shifted away from the governance failures that were largely responsible for the Assam riots and the mass departure of people of northeastern origin from India’s major metropolitan centres. The local government’s laggardly response to the initial bursts of violence allowed the riots to rage for days while the government dithered over calling the army. Social media had little, if any, role to play. And while panic is admittedly difficult to control, it is the poor record of the Indian state in responding to politically motivated violence that contributed to the panic-stricken reaction of people of northeastern origin. What should worry the Indian state are not the ravings of some anonymous Twitter account but the utter lack of faith in its ability to secure the safety of some of its most vulnerable citizens.

Second, while all governments wish to control the flow of information, the track record of the Indian state in the matter of free speech has been spectacularly poor. At the slightest allegation of “hurting religious sentiments”, books are banned, movies censored, and violence is threatened. Lacking an explicit First Amendment protection, Indian citizens are virtually powerless when the government wishes to quell free speech. The draconian Information Technology Act, 2008, orders internet providers to immediately remove content that may be “grossly harmful”, “blasphemous”, “obscene”, or even disparaging with little oversight and virtually no due process of law. As the Centre for Internet and Society’s Pranesh Prakash has demonstrated, internet providers are ready to remove “objectionable” content even in the case of frivolous complaints originating from ordinary citizens. What is particularly disconcerting is that the disregard for free speech extends even to some of India’s most prominent media personalities who can often be heard exhorting the government to regulate the internet or scrub off “hate mongers”. Given this history and the government’s demonstrated contempt for free speech, its attempts at censorship should be strongly scrutinised and vigorously resisted except in the most extenuating of circumstances.

Third, the Luddites in the Indian government may not yet comprehend it, but the internet is virtually impossible to police. The government may be able to threaten giant companies like Facebook and Twitter into cooperating, but that simply means the “objectionable” content would move to darker corners of the Net. Indeed, it is surprising that the government has not considered using technology to counter malicious rumours or to reach a mass audience with a message of reassurance. Technology can be a powerful tool for doing good and it is high time the government properly harnessed its potential. As a first step, the government has to recognise that the days when it had a monopoly on information are long gone and it has to compete for people’s attention.

Finally, even the most ardent supporter of free speech should have no qualms about admitting that it can offer a platform to the bigoted or can indirectly lead to social unrest. That may be especially true for a country like India where passions run high and an ambivalent attitude towards political violence prevails. That, however, is simply the price of liberty. Yes, a society that lacks free speech may be more stable, but it would lack the spirit of rambunctious discussion, criticism and argument — the hallmarks of a liberal democracy.

India can adopt a China-lite model, which emphasises social stability over freedom. Or India can go down the path of other liberal democracies and understand that freedom – of speech, thought and behaviour – is an ideal worth cherishing and protecting. As a constitutional republic with genuine claims of being a liberal democracy, it is clear which path India should embrace.

The writer is a fellow at the Takshashila Institution. These views are personal.

For more details visit http://editors.cis-india.org/news/www-business-standard-rohit-pradhan-sep-1-2012-watch-out-for-fettered-speech

Watch out for cyber bullies

praskrishna — 2012-06-05T06:08:19Z

It's time to take a closer look at this form of cyber crime in India, writes KV Kurmanath in an article published in the Hindu Business Line on June 4, 2012.

The suicide of Tyler Clementi, the 18-year-old New Jersey student in 2010, had triggered a strong debate on invasion of privacy in the cyber age.

His roommate, an Indian student, captured the boy kissing another man in their hostel using his web camera.

The boy jumped into a river unable to take the humiliation, when the former tried to circulate the clip. Though the court refused to link the recording with the death, it sentenced the Indian youth to 30 days in prison last month.

What Clementi was subjected to is cyber bullying, argued those who campaigned for the Indian student's deportation.

Along with other cyber crimes, cyber bullying is on the rise in India too. The fledgling cyber police wings in different states are being flooded with complaints of invasion of privacy, blackmail and circulating electronic messages that cause annoyance.

Ms Aparna (name changed) was aghast when a close friend called her up about a nude picture of her being circulated on the web. A quick check pointed the needle of suspicion at a friend who she had just spurned. Angered by her rejection, the boy morphed her picture, checked into her email account and sent it to all the people in the contact list.

After finding Facebook not so amusing, Sujatha (name changed) decided to close her account and discussed this with a few friends too. A few days later, she found both her FB and gmail accounts compromised. She also found obscene pictures posted on the same.

Legal Issues

Incidents like these are growing sharply with poor knowledge among users abut how to protect accounts. Sharing one's passwords with others too is proving dangerous.

Prof. Madabhushi Sridhar, a cyber laws expert at NALSAR University, says the crimes cited above come under the bracket of invasion of privacy.

He says Section 66A in the amended IT Act deals with these crimes. Sending any message (through a computer or a communication device) that is grossly offensive or has menacing character; any communication which he knows to be false, but for the purpose of causing insult, annoyance, criminal intimidation comes under this section. This crime, he says, is punishable up to three years with a fine.

Prof. Sridhar, who has just completed a book on cyber laws, feels that punishments under the IT Act are insufficient. "They should be read with the Indian Penal Code. This will be an effective method to check cyber crimes," he says.

Prof. Sridhar also represents the Institute of Global Internet Governance and Advocacy (GIGA) at the Law University. GIGA conducts research on the Internet and takes up advocacy and training programmes on Internet Governance.

"We already have anti-voyeurism provisions in the IT Act under Sec. 66E," Mr Sunil Abraham, Executive Director of Centre for Internet and Security, says.

This offence is punishable with ‘imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.'

Repeated harassment aka cyber bullying can be addressed using the already over-broad provisions under Sec. 66A. Unfortunately this Section goes too far and can be used to censor legitimate speech.

"Security and privacy awareness in India is very poor. It would be very useful if both the government and civil society was more aggressive in awareness raising and triggering change in behaviour. Unfortunately this is a bit like smoking - even though people are aware of the issues - they engage in risky behaviour online," he says.

Lack of Data

Mr.Pavan Duggal, Chairman of Cyber Law Committee and Cyber laws expert, said there is no specific data on cyber crime in India and the data available with the NCRB (National Crimes Records Bureau) of around 900 cases for overall cybercrime is also doubtful.

"The solution is to make cyber laws more strict as current law under IT Act 2000 is a bailable offence with three years imprisonment and a fine," he points out.

"IT Act 2000 has to be re-amended to specific provisions pertaining to cyber bullying. Further, cyber bullying needs to be made a serious offence with minimum five years imprisonment and a fine of Rs 10 lakh. Unless you have deterrence in law it will be a continuing offence," he observes.

Fortunately, there are some safeguards which can help prevent such acts of cyber offences. In most cases, the acts of bullying or blackmailing are done by someone close to the victims. People should make it a point to keep their Internet identities very safe.

One should not disclose their identities such as passwords or hint questions to anyone – no matter how close they are. Parents should keep an eye on their children who are addicted to the Internet. They should inform and educate their children on the clear and present dangers that lurk on the Net.

They should also teach the importance of respecting others' privacy apart from taking precautions to keep their private space very safe.

(with inputs from Ronendra Singh)

Click to read the original published in the Hindu Business Line. Sunil Abraham is qouted in this article.

For more details visit http://editors.cis-india.org/news/watch-out-for-cyber-bullies