Centre for Internet and Society

Critical Point of View

praskrishna — 2012-06-25T03:28:34Z

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

Critical Information

praskrishna — 2010-09-07T12:09:14Z

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

Crisis for identity or identity crisis?

praskrishna — 2011-04-02T08:16:30Z

The hurry with which the government is pushing its most ambitious project to assign a number (UID) to every citizen without any feasibility study or public debate has raised many questions.

“It will empower all”, declared Prime Minister Manmohan Singh when he issued the first UID card to a villager from Tembhli village in Maharashtra. But as days pass and relevant issues come for public discourse, many people have begun to doubt prime minister’s assurance.

Unique identification number (UID), named Aadhaar is a 12 digit identification number that the government plans to issue to all citizens that will not only be an identity card but will also serve multiple purposes for its holder.

Infosys co-founder Nandan Nilekani has been assigned the responsibility to execute this proposal as Chairman of the Unique Identification Authority of India (UIDAI). Mr Nilekani leads a team of 120 people having the task of assigning unique identities to 1.2 billion people. He plans to take Aadhaar beyond being just a 12-digit identification number for every Indian. This ambitious and mammoth project is pitched to handle projects as diverse as a national-highway toll-collection system, a technology backbone for the forthcoming Goods and Services Tax (GST) and reform of the vast public distribution system (PDS) for subsidized foodgrains.

Government plans to cover 60 per cent of the nation’s population under this project in the next three years starting October this year. This project is intended to collect identification data about all residents in the country. It is said that it will impact the PDS and NREGA programmes, and plug leakages and save the government large sums of money.

But the UID will not replace ration cards and passports, and is not mandatory as of now. No questions would be asked related to language, caste or religion of the person applying for UID.

The UID number is linked to the fingerprints and the pattern of the eyes of the person assigned that number. This inimitable biometric data ensures that any given number is linked to only one person. So there is hardly a chance of any misgiving or stealing of rations and wages from the holder. It is believed that soon banks, insurance companies, cell phone providers and hospitals will demand UID number before doing business with you.

In short, in the future our name, address, bank account numbers, personal information and identity as a whole will be solely linked and governed by those 12 digit number we hold.

Critics say that there has been no feasible study conducted about UID project, neither has there been a cost benefit analysis done. To add to it, there are serious concerns about data and identity theft.

But apart from the buzz about this new project, there is an air of suspicion surrounding it too.

The launch of the UID has led to a flurry of debate amongst policy-makers, legal experts and civil society at large. In response, Mr Nilekani claims the UID to be “a foolproof project implemented at a low cost”.

However, some critical issues remain unanswered.

One of the major objections about UID is that there has been no feasible study conducted, neither has there been a cost benefit analysis done. There is no project document as such.

To add to it, there are serious concerns about data and identity theft.

In a world where cyber terrorism is the new threat, and the countries are gearing themselves to protect against such a threat, projects like UID come as an open invitation to terrorist outfits to infiltrate their defences.

The UID number is linked to fingerprints and the patterns of the holder’s eye. But medical studies show that our eye's iris patterns can change due to aging, disease or malnourishment. More over the government has no alternative option for many millions who fall outside this pattern of identification owing to callused hands, corneal scars and cataract induced by malnourishment. Even as enrollment is poised to begin, authentication is still an unstudied field. Fake fingerprints can very easily be made. Hence, the unique element of these numbers can be tampered.

Recently, Sunil Abraham, Director, Centre for Internet and Society has remarked, “If I leave my fingerprints around, my identity can be stolen and transactions done on my behalf. They could use that number, to share information about anybody.”

A cyber-criminal having access to any person’s identification number can virtually control that person. Telephone numbers, addresses, family history can all be tracked down. Bank accounts can be manipulated and transactions done without the person knowing. Since these days, a lot of money transactions are done through internet, a cyber criminal can easily steal few UID numbers and impersonate those persons to manipulate the bank or credit card accounts.

In an even uglier scenario, where people might be tracked and judged by their numbers, a criminal’s fingerprints left behind on a scene of crime can be mixed with some one else through a slight manipulation and exchange of UID numbers, making an entirely innocent person a suspect in the eyes of law. Some incompetent or revengeful government officials can also frame innocents for a crime one never committed.

Human rights activists claim that a tech-savvy person can hack into the system and gain any person’s information from the servers unless the government tightens the defenses. A reminiscence of the Bruce Willis starrer Hollywood blockbuster Die Hard 4, a bunch of techno geeks operating from trailer truck hold the entire United States hostage as they hack into every main frame computing network from transportation, communication, power, defence and individual accounts.

The number can also be used for real time tracking, profiling, mounting surveillance and ‘convergence’ of information. Apart from the concerns about identity theft, the number can also invade our private space. If in the future insurance companies and hospitals merge their databases, the insurance companies can increase premium, or simply refuse insurance cover to a person who is not keeping well.

Poor labourers and immigrants who are on the move in search of work could also be the victims of the ‘Aadhaar’. In future, in case of card being lost or misplaced, poor labour would be threatened with financial and welfare exclusion. Where being a legal resident is to be closely tied in with having a UID number, it could render the poor vulnerable to exclusion and expulsion by exploitative employers and others.

Interestingly, few months back in June, UK government scrapped the plans for the controversial 5 billion pounds National Identity Card scheme. The UK government now plans to destroy all information held on the National Identity Register, effectively dismantling the whole system.

Though Mr Nilekani claims that UID would be a cost effective project, however deeper analysis throws a different story. It is reported that the UIDAI project will cost Rs 45,000 crores to the exchequer in the next 4 years. This does not seem to include the costs that will be incurred by Registrars, Enrollers, additional costs on the PDS system to connect it to the UID, the estimated cost to the end user and to the number holder.

Defending himself from the flurry of queries, Mr Nilekani has stressed that the identification number is not mandatory for everyone and only those interested can enroll. The project aims to first enroll the poor and uneducated masses promising them better wages and ration schemes. As was reported, the first villager to get the UID card was ‘happy but did not know its benefits’. Critics allege that the reason why Aadhaar is selling itself to millions of poor in the country is to create a foundation of legitimacy to deflect concerns over its possible misuse, unsafe technology and huge costs. Later, with a larger foundation, the UID can be enforced upon all citizens in the near future as the apex identity proof, making everyone vulnerable to several risks described above.

The UIDAI project has proceeded so far without any legal authorization. There has been no feasibility study or cost-benefit analysis preceding the setting up of such a pervasive project. All calculations are of the back-of-the envelope variety. Data theft is a very serious threat to every individual and the country as a whole. There are deeply disconcerting facts about the project that should make even a die-hard UID supporter worry about its long term implications.

This article has been written by Sushant Sharma. He is a college fresher and avid reader.

Interestingly, few months back in June, UK government scrapped the plans for the controversial 5 billion pounds National Identity Card scheme. The decision came after about 15,000 citizens had already been enrolled and given their numbers. The UK government now plans to destroy all information held on the National Identity Register, effectively dismantling the whole system.

The UK system like the Indian UID had also started with much fanfare, claiming to save nearly 900 million pounds for the taxpayers. While the project was axed, UK’s Home Secretary Theresa May stated - “It (the identity card project) is intrusive and bullying, ineffective and expensive. It is an assault on individual liberty that does not promise a great good.”

The same logic implies to the India as well. But instead of scraping this over-hyped-failure-in-the-making project, our Prime Minister claims the UID project “will empower all”. But will it actually? That is for us to decide now.

Read the original article here.

For more details visit http://editors.cis-india.org/news/identity-crisis

Criminal Defamation: The Urgent Cause That has United Rahul Gandhi, Arvind Kejriwal and Subramanian Swamy

praskrishna — 2015-07-16T13:45:04Z

Three years ago when the then Janata Party president Subramanian Swamy accused Congress vice president Rahul Gandhi and his mother of misappropriation of funds while trying to revive the National Herald newspaper, the Nehru-Gandhi scion threatened to sue him.

The article by Betwa Sharma was published in Huffington Post on July 15, 2015. Sunil Abraham gave his inputs.

Swamy's response was characteristic: "Grow up and file a defamation case".

In a strange turn of events, the matter of criminal defamation has brought together an unlikely cast of characters in an ongoing petition in the Supreme Court--Swamy, Gandhi and Delhi chief minister Arvind Kejriwal, who knows a thing or two about making allegations.

They are petitioning the Apex Court to strike down penal provisions criminalising defamation, which they argue, has a "chilling effect" on the fundamental right to free speech. Opinion is divided around the world on whether or not defamation ought to be a criminal offence. Because some jurisdictions have stricter defamation laws, some indulge in a practise known as 'forum shopping', or suing in jurisdictions with harsher views on libel and slander.

The three leaders have filed separate petitions that are now being jointly heard by the court. They are challenging the constitutional validity of Sections 499 and 500 of the Indian Penal Code which make defamation a criminal offence punishable with up to two years in prison.

A verdict striking down the colonial-era S. 499, used by the British to suppress those opposing their rule, could prove to be a huge victory for free speech in India. Earlier this year, the Supreme Court struck down the draconian Section 66A of the Information Technology Act as "unconstitutional and void".

There is cause for optimism. The Supreme Court has already said that the validity of criminal defamation laws must be tested against the free speech guarantees of the constitution. The bench comprising of Justices Dipak Misra and Prafulla C Pant have observed that political debates maybe excluded as a criminal defamation offence.

While Gandhi, Subramanian and Kejriwal have been slapped with defamation suits by political rivals, there have been long-standing concerns over the threat posed by these provisions to the media and those who use social media to express their opinions against the rich and the powerful.

The government of the day is keen to maintain the status quo. In a recent submission, it has argued that S.499 is now the only provision to deal with defamation on social media and the only protection for reputation of citizens. But free speech activists say there is no evidence to show that a defamation law deters a person who is out to spread lies.

The questionable utility of S.499, the scope for its abuse and the culture of self-censorship, they argue, removes it from the ambit of "reasonable restrictions" which the state can impose on free speech under article 19 (2) of the constitution.

"Hardly a day goes by in India without some rich and powerful person initiating or threatening to initiate defamation suits against rivals or traditional media or ordinary citizens on social media," said Sunil Abraham, executive director of the Bangalore-based Centre for Internet & Society. "It is unclear how much self-censorship is going on because Indians fearing jail terms avoid speaking truth to power.

On the issue of protecting people's dignity, Abraham said there is no prima facie evidence in India that criminalising defamation in India has resulted in the protection of the reputations of citizens from falsehoods.

"On the the other hand every other national media house and quite of few investigative journalists have been and continue to be harassed by criminal suits filed by the powerful," he told HuffPost India. "The chilling effect on speech is a disproportionate price for citizenry to pay for what is only a personal harm."

Under the leadership of Chief Minister J Jayalalithaa, the Tamil Nadu government filed 125 defamation cases against The Hindu and other publications between 2001 and 2004. On Tuesday, she filed a defamation suit against news portal Rediff.com for running two articles related to speculations about her health.

In the United States, defamation claims by public officials and public figures were severely curtailed after its Supreme Court ruled in 1964 that the complainant needs to prove actual malice with "clear and convincing" evidence. Further, truth is an absolute defence against defamation in the U.S.

On Tuesday, Swamy and Gandhi also argued that truth should be defence in defamation suits. “Truth is not a complete defence in criminal defamation. For a nation with a national motto of Satyameva Devata it is ironic," Swamy said.

BJP leader Swamy is of the view that defamation should only be subject to a civil suit which can be redressed by payment of monetary compensation. But the central government has argued that a defamer could be too poor to compensate the complainant.

"I am not saying there is no such thing as defamation. You can sue someone for defamation, but you cannot deprive someone of his liberty," he said in a recent interview with The Sunday Guardian.

Jayalalithaa filed a defamation suit against the senior BJP leader who alleged that most of the boats of Indian fishermen captured by Sri Lanka belong to the AIADMK chief, her close aide Sasikala and DMK leader TR Baalu.

The suit against the Congress Vice President was filed by the Rashtriya Swayamsevak Sangh for allegedly blaming the Hindu right-wing organisation for the assassination of Mahatma Gandhi.

BJP leader Nitin Gadkari sued Kejriwal after his name was included in AAP's list of "India's most corrupt."

"The accused is in the habit of making false and defamatory statements without any basis. The statements made by the accused and his party members have damaged and tarnished my image in the eyes of the people," Gadkari told the court, last year.

Legal analysts also find it hard to predict just how far the Supreme Court will go to protect free speech. Its judgment against S.66A of the IT Act is regarded as one of the biggest victories for free speech in India. Justice Misra was on the bench that struck down the provision for being “open-ended and unconstitutionally vague," and not fit to be covered under Article 19 (2).

But last month, in a judgment regarded as a blow to free speech, it was Justices Misra and Pant who ruled that freedom of speech is not an absolute right.

Senior Advocate Gopal Subramanium had argued, "Freedom to offend is also a part of freedom of speech.”

For more details visit http://editors.cis-india.org/internet-governance/news/huffington-post-july-16-2015-betwa-sharma-criminal-defamation-the-urgent-cause-that-has-united-rahul-gandhi-arvind-kejriwal-and-subramanian-swamy

Crime Scene Tape in Alexandria

praskrishna — 2018-08-22T00:31:54Z

Crime Scene Tape in Alexandria

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

CRI Comments - Comparison Table

praskrishna — 2014-10-29T13:08:55Z

For more details visit http://editors.cis-india.org/a2k/blogs/cri-comments-comparison-table.xlsx

Creative Recycling

praskrishna — 2012-06-15T11:16:34Z

For more details visit http://editors.cis-india.org/home-images/Drap.jpeg

Creative Commons Bengaluru

praskrishna — 2013-03-06T10:22:48Z

Creative Commons in Bengaluru

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

Creative Commons

praskrishna — 2013-11-03T16:45:23Z

Creative Commons

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

Creating Shapefiles

praskrishna — 2012-02-14T09:42:52Z

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

Cracking Whip

praskrishna — 2018-07-29T00:52:54Z

Cracking Whip

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

CPRsouth 2016 – Young Scholars Programme

praskrishna — 2016-05-30T02:01:21Z

Rohini Lakshané, Amber Sinha and Vidushi Marda have been selected to attend the two-day Young Scholars' Programme to be held in Zanzibar, Tanzania in early September this year. The programme is a part of the CPRSouth conference.

Read the original announcement published by CPRSouth here.

Following highly successful joint Afro-Asian CPR conferences in Mauritius in 2012, and India in 2013, CPRafrica and CPRsouth formally merged under the banner of CPRsouth in 2014. Since then, CPRsouth has hosted conferences in the Cradle of Humankind in South Africa (2014), and at the Innovation Center for Big Data and Digital Convergence at Yuan Ze University, Taiwan (2015).

This year’s conference is co-hosted by COSTECH and TCRA in Zanzibar, and will include sessions on cutting-edge developments on ICT policy and regulation in the South and discussion of the research-policy interface.

30 Young Scholars from Africa and the Asia-Pacific region will be selected to participate in a tutorial programme taught by recognised scholars and practitioners from Africa and Asia, and they will attend the main conference thereafter.

Tutorials are scheduled to be held on the 6^th and 7^th of September 2016, prior to the main CPRsouth conference.

Who will qualify?

Masters/PhD students in Economics, Public policy, Communications and Journalism
Officers of government/regulatory agencies undertaking ICT policy research, developing/gathering indicators (monitoring and evaluation)
Staff of private companies in the communication industries working in regulatory affairs
Officers in NGOs/INGOs working in policy and regulation
Researchers from think tanks, university research centres
Journalists covering communication public policy and regulation

Seminar

The seminar will cover a number of topics of the two days, such as:

policy analysis using supply-side or demand-side data;
ICT impact analysis;
convergence, net neutrality;
funding broadband network extension, open access networks, spectrum;
sector and competition regulation;
research to policy interventions;
Internet governance – privacy, surveillance, human rights online; and
introduction to big data, open data.

(2016 tutorial programme still to be confirmed)

Previous tutorial presentations can be accessed at http://www.cprsouth.org/

Application deadline: 22 April 2016

Application guidelines

Applications should be submitted via this link by 22 April 2016, and must contain the following:

one-page curriculum vitae; and
one-page write-up outlining why you wish to become an African or Asia-Pacific based expert capable of contributing to ICT related policy and regulatory reform in the region

Applicants’ write-ups and biographies should be in a single word document, and named: CPRsouth2016_YoungScholar_ApplicantLastName.

Kindly note: Late applications and applications that do not conform to the prescribed format above will automatically be disqualified.

Review Criteria

Applications will be reviewed according to the following criteria:

content of application;
evidence of interest in, and commitment to, policy-relevant research for Africa or the Asia-Pacific region;
quality of writing; and
gender and country representation

The selection committee may contact your supervisor or mentor before making the final selections.

Candidates selected to participate in the tutorial programme must:

provide a one-page research proposal upon acceptance onto the tutorial programme
participate in all tutorial sessions
participate in the entire CPRsouth 2016 conference

Funding

Selected young scholars who are passport holders of, and travelling from, low and middle income countries within the Asia Pacific and Africa (as classified by the World Bank http://data.worldbank.org/about/country-classifications/country-and-lending-groups#Low_income) will be provided with:

lowest-cost economy airfare to conference destination (less USD 150 registration fee);
ground transfers between the conference venue and airport; and
twin sharing accommodation on bed and breakfast basis, 5 lunches and 1 dinner for the duration of the conference and tutorials (6 – 10 September 2016). Not all meals are covered.

The registration fee for young scholars to attend the conference and tutorials is USD150, and airfares will be reimbursed less this registration fee. Participants will be required to cover:

transport to and from airports in their home countries;
visa fees (if any);
meals not provided; and
any other incidental costs

As the registration fee is so low and should be met personally even if there is no institutional support for attendance of the course and conference, please note that only under exceptional circumstances of extreme financial hardship may the organisers consider a waiver of the conference registration fee. Such waivers will be considered on a case-by-case basis and only where a scholar would otherwise be prevented from attending the YS programme and conference.

Visas

Letters of invitation will be provided for purposes of visa applications after participant selections have been made. Participants are responsible for securing their own visas to enter Tanzania, and are strongly advised to initiate visa approval procedures immediately on receipt of confirmation of their participation.

Kindly direct all enquiries to Ondine Bello: admin@researchictafrica.net orinfo@CPRsouth.org

For more details visit http://editors.cis-india.org/internet-governance/news/cprsouth-2016-2013-young-scholars-programme

CPR South 2

praskrishna — 2013-09-30T11:17:37Z

For more details visit http://editors.cis-india.org/internet-governance/blog/cpr-south-2

CPR South 1

praskrishna — 2013-09-30T10:58:17Z

For more details visit http://editors.cis-india.org/internet-governance/blog/cpr-south-1

CPDP 2015

praskrishna — 2014-09-30T09:52:52Z

The eighth international conference on computers, privacy and data protection will be held in Brussels from January 21 to 23, 2015. The Centre for Internet and Society is a moral supporter of CPDP.

CPDP is a non-profit platform originally founded in 2007 by research groups from the Vrije Universiteit Brussel, the Université de Namur and Tilburg University and has grown into a platform carried by 20 academic centers of excellence from the EU, the US and beyond. As a world-leading multidisciplinary conference CPDP offers the cutting edge in legal, regulatory, academic and technological development in privacy and data protection. Within an atmosphere of independence and mutual respect, CPDP gathers academics, lawyers, practitioners, policy-makers, computer scientists and civil society from all over the world in Brussels offering them an arena to exchange ideas and discuss the latest emerging issues and trends. This unique multidisciplinary formula has served to make CPDP one of the leading data protection and privacy conferences in Europe and around the world. CPDP2014 welcomed 854 guests including 343 speakers from 43 different countries dispersed over more than 60 panels which took place during three full days. It attracted another 500 people in several public evening events including debates, a pecha kucha evening and an art exhibition. CPDP2015 aims to repeat the success of last year and will stage panels within the following main topical themes: Data Protection Reform: European and Global Developments, Mobility (mobile technologies, wearable technologies, border surveillance), EU-US developments concerning the regulation of government surveillance, Health, privacy and data protection, Love and lust in the digital age, Internet governance and privacy.

In 2015 CPDP will take place from January 21 to 23, 2015 in the Halles de Schaerbeek, Brussels, Belgium. Registrations are already open: http://www.cpdpconferences.org/Registration.html. For more details see here.

For more details visit http://editors.cis-india.org/internet-governance/news/cpdp-2015