Centre for Internet and Society

June 2016 Newsletter

praskrishna — 2016-08-04T01:57:04Z

Welcome to the June 2016 newsletter of the Centre for Internet and Society (CIS).

Previous issues of the newsletters can be accessed here.

Highlights
The Telecom Regulatory Authority of India (TRAI) held a consultation on Free Data. CIS sent its comments to the 4 questions that TRAI posed: (a) need to have TSP agnostic platform to provide free data or suitable reimbursement to users; (b) whether such platforms need to be regulated by TRAI; (c) whether free data to users should be limited; and (d) any other issue related to the matter of consultation. IANA transition is a sham since it doesn't address the most important question - that of jurisdiction. Pranesh Prakash has explored why the issue of jurisdiction is the most important question and why it remains unaddressed. On April 20, 2016, DNA carried a report on a PIL seeking action against advertisements for prostitution in newspapers and on websites. The report noted that the Mumbai Police had obtained an order from a magistrates court to block 174 objectionable websites. The Mumbai Police has not proceeded against any of the people who run these websites. CIS in a blog post has listed out 239 websites that were blocked by the government. Wikipedia is the source for different kinds of knowledge for any one starting-off in a particular field of study. Indian languages are the default languages for study in classroom in India. In this light strengthening the quality of material available on Indian language Wikipedias is certain to have widespread tangible and intangible impact according to Tejaswini Niranjana. An extended survey of digital initiatives in arts and humanities practices in India was undertaken during the last year. Provocatively called 'mapping digital humanities in India', this enquiry began with the term 'digital humanities' itself, as a 'found' name for which one needs to excavate some meaning, context, and location in India at the present moment. The final section has been published. The Reserve Bank of India published a Consultation Paper on Peer to Peer Lending on April 28, 2016, and invited comments from the public. CIS submitted its response. The Department of Science and Technology published the first public draft of the National Geospatial Policy (v.1.0) on May 05, 2016, and invited comments from the public. CIS submitted its comments. The first public draft of the open data license to be used by Government of India was released by the Department of Legal Affairs. CIS was a member of the committee constituted to develop the license concerned, and we contributed substantially to the drafting process. Harsh Gupta and Aditya Tejas wrote a blog post on the Airtel Open Network that was launched recently. The web page displays visualization data on network coverage and signal strength across the country, as well as a detailed breakdown of cell tower placement, including towers that are shutdown or still being planned. CIS organized a one-day workshop in Delhi on Tuesday, July 12 on the evolution and state of the set-top box as an access device in India.

CIS in the News

CIS gave inputs to the following media coverage:

Why Geospatial Bill is draconian and how it will hurt startups (Prabhu Mallikarjunan; Financial Express; June 13, 2016).
ISPs start blocking escort websites following govt order (Moulishree Srivastava; Business Standard; June 14, 2016).
Here is the entire list of 'escorts service' websites that the government has banned (India Today; June 16, 2016).
Indian experts doubt government ban on porn sites will be effective (VL Srinivasan; ZD Net; June 20, 2016).
Slow internet driving you nuts? Here is how your service provider is fleecing you (Kalyan Parbat; Economic Times; June 23, 2016).
Behind the scenes of Escort Economy 2.0 (Sharmila Ganeshan Ram; The Times of India; June 26, 2016).
Call drops: Dealing with the menace or just shifting goal posts? (India TV News; June 26, 2016).

CIS members wrote the following pieces:

Tweak the Make in India Recipe (Rohini Lakshané; Business Today; June 3, 2016).

ଓଡ଼ିଆ ଉଇକିପିଡ଼ିଆର ବିକାଶ (Subhashish Panigrahi; The Samaja; June 2, 2016).
ଓଡ଼ିଆ ଉଇକିପିଡ଼ିଆ: ଇଣ୍ଟରନେଟରେ ବିଶାଳତମ ଅନଲାଇନ ଜ୍ଞାନକୋଷ ଗଢ଼ିବାର ଅଭିଯାନ (Subhashish Panigrahi; Your Story Odia; June 3, 2016).
ଓଡ଼ିଆ ଉଇକିପିଡ଼ିଆ: ଏକ ଅଭିଯାନ (Subhashish Panigrahi; Suryaprava; June 3, 2016).
ଅନଲାଇନ ଓଡ଼ିଆ ଜ୍ଞାନକୋଷ ଗଢ଼ା (Subhashish Panigrahi; Samanya Kathan; June 5, 2016).
Digital native: Control A, Backspace (Nishant Shah; Indian Express; June 5, 2016).

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Accessibility & Inclusion
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India has an estimated 70 million persons with disabilities who don't have access to read printed materials due to some form of physical, sensory, cognitive or other disability. As part of our endeavour to make available accessible content for persons with disabilities, we are developing a text-to-speech software in 15 languages with support from the Hans Foundation. The progress made so far in the project can be accessed here.

►NVDA and eSpeak

June 2016 Report (Suman Dogra; June 30, 2016).

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Access to Knowledge
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Our Access to Knowledge programme currently consists of two projects. The Pervasive Technologies project, conducted under a grant from the International Development Research Centre (IDRC), aims to conduct research on the complex interplay between low-cost pervasive technologies and intellectual property, in order to encourage the proliferation and development of such technologies as a social good. The Wikipedia project, which is under a grant from the Wikimedia Foundation, is for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

►Pervasive Technologies

Article

Tweak the Make in India Recipe (Rohini Lakshané; Business Today; June 3, 2016).

Media Coverage

NGOs urge PM to ‘resist pressure’ from U.S. on IPRs (Hindu; June 2, 2016).
Climate change will be a priority in talks with Modi: U.S. (Varghese K. George; Hindu; June 6, 2016).
NGOs tell Modi not to succumb to US pressure on intellectual property (Rinku Patel; India Tribune; June 7, 2016).
NGOs tell PM not to succumb to pressure from US on IPR (Economic Times, June 7, 2016).

►Wikipedia

As part of the project grant from the Wikimedia Foundation we have reached out to more than 3500 people across India by organizing more than 100 outreach events and catalysed the release of encyclopaedic and other content under the Creative Commons (CC-BY-3.0) license in four Indian languages (21 books in Telugu, 13 in Odia, 4 volumes of encyclopaedia in Konkani and 6 volumes in Kannada, and 1 book on Odia language history in English).

Articles

ଓଡ଼ିଆ ଉଇକିପିଡ଼ିଆର ବିକାଶ (Subhashish Panigrahi; The Samaja; June 2, 2016).
ଓଡ଼ିଆ ଉଇକିପିଡ଼ିଆ: ଇଣ୍ଟରନେଟରେ ବିଶାଳତମ ଅନଲାଇନ ଜ୍ଞାନକୋଷ ଗଢ଼ିବାର ଅଭିଯାନ (Subhashish Panigrahi; Your Story Odia; June 3, 2016).
ଓଡ଼ିଆ ଉଇକିପିଡ଼ିଆ: ଏକ ଅଭିଯାନ (Subhashish Panigrahi; Suryaprava; June 3, 2016).
ଅନଲାଇନ ଓଡ଼ିଆ ଜ୍ଞାନକୋଷ ଗଢ଼ା (Subhashish Panigrahi; Samanya Kathan; June 5, 2016).
Digital native: Control A, Backspace (Nishant Shah; Indian Express; June 5, 2016).

Blog Entry

Beyond Editor Count: Assessing Quality on Wikipedia (Tejaswini Niranjana; June 12, 2016).

Media Coverage

Online space for Odia (Diana Sahu; New Indian Express; June 10, 2016).
शंभर वर्षापूर्वीचे ग्रंथ मराठी विकिपीडियावर (Maharashtra Times; June 15, 2016).

Event Organized

Wikipedia edit-a-thon at TEDSummit 2016 (Organized by CIS-A2K and Wikimedians Netha Hussain and Ayyappadas; Banff, Canada; June 26 - 30, 2016). Abhinav Garule represented CIS-A2K.

►Openness

Submission

Comments on the National Geospatial Policy (Draft, V.1.0), 2016 (Adya Garg, Anubha Sinha, and Sumandro Chattapadhyay; June 1, 2016).

Blog Entry

Public Consultation for the First Draft of 'Government Open Data Use License - India' Announced (Anubha Sinha; June 30, 2016).

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Internet Governance
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As part of its research on privacy and free speech, CIS is engaged with two different projects. The first one (under a grant from Privacy International and IDRC) is on surveillance and freedom of expression (SAFEGUARDS). The second one (under a grant from MacArthur Foundation) is on restrictions that the Indian government has placed on freedom of expression online.

►Freedom of Expression

Submission

Submission by the Centre for Internet and Society on Revisions to ICANN Expected Standards of Behavior (Vidushi Marda with inputs from Nirmita Narasimhan and Sunil Abraham; June 29, 2016).

Blog Entries

UN Special Rapporteur Report on Freedom of Expression and the Private Sector: A Significant Step Forward (Vidushi Marda; June 8, 2016).
Jurisdiction: The Taboo Topic at ICANN (Pranesh Prakash; June 27, 2016).

►Privacy

Article

Criminal Defamation and the Supreme Court’s Loss of Reputation (Bhairav Acharya; June 3, 2016). The article was published in the Wire on May 14 but mirrored in June on CIS website.

Blog Entry

Smart City Policies and Standards: Overview of Projects, Data Policies, and Standards across Five International Smart Cities (Kiran A. B., Elonnai Hickok and Vanya Rakesh; June 8, 2016).

Event Organized

Stand up for Digital Rights (CIS, Bangalore, June 15, 2016)

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Researchers at Work
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The Researchers at Work (RAW) programme is an interdisciplinary research initiative driven by an emerging need to understand the reconfigurations of social practices and structures through the Internet and digital media technologies, and vice versa. It aims to produce local and contextual accounts of interactions, negotiations, and resolutions between the Internet, and socio-material and geo-political processes:

Submission

Comments on the RBI's Consultation Paper on Peer to Peer Lending (Elonnai Hickok, Pavishka Mittal, Sumandro Chattapadhyay, Vidushi Marda, and Vipul Kharbanda; June 1, 2016).

Blog Entries

Creativity, Politics, and Internet Censorship (P.P. Sneha; June 16, 2016).
Digital Humanities in India – Concluding Thoughts (P.P. Sneha; June 30, 2016).

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Telecom
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CIS is involved in promoting access and accessibility to telecommunications services and resources, and has provided inputs to ongoing policy discussions and consultation papers published by TRAI. It has prepared reports on unlicensed spectrum and accessibility of mobile phones for persons with disabilities and also works with the USOF to include funding projects for persons with disabilities in its mandate:

Blog Entry

Airtel Open Network (Harsh Gupta and Aditya Tejas; June 17, 2016).

Event

Workshop on Set-top Boxes (Organized by CIS, Amar Colony, Lajpat Nagar IV, New Delhi; July 12, 2016).

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About CIS
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The Centre for Internet and Society (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfigurations of social and cultural processes and structures as mediated through the internet and digital media technologies.

► Follow us elsewhere

Twitter: http://twitter.com/cis_india
Twitter - Access to Knowledge: https://twitter.com/CISA2K
Twitter - Information Policy: https://twitter.com/CIS_InfoPolicy
Facebook - Access to Knowledge: https://www.facebook.com/cisa2k
E-Mail - Access to Knowledge: a2k@cis-india.org
E-Mail - Researchers at Work: raw@cis-india.org
List - Researchers at Work: https://lists.ghserv.net/mailman/listinfo/researchers

► Support Us

Please help us defend consumer and citizen rights on the Internet! Write a cheque in favour of 'The Centre for Internet and Society' and mail it to us at No. 194, 2nd 'C' Cross, Domlur, 2nd Stage, Bengaluru - 5600 71.

► Request for Collaboration

We invite researchers, practitioners, artists, and theoreticians, both organisationally and as individuals, to engage with us on topics related internet and society, and improve our collective understanding of this field. To discuss such possibilities, please write to Sunil Abraham, Executive Director, at sunil@cis-india.org (for policy research), or Sumandro Chattapadhyay, Research Director, at sumandro@cis-india.org (for academic research), with an indication of the form and the content of the collaboration you might be interested in. To discuss collaborations on Indic language Wikipedia projects, write to Tanveer Hasan, Programme Officer, at tanveer@cis-india.org.

CIS is grateful to its primary donor the Kusuma Trust founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin for its core funding and support for most of its projects. CIS is also grateful to its other donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation, MacArthur Foundation, and IDRC for funding its various projects.

For more details visit http://editors.cis-india.org/about/newsletters/june-2016-newsletter

Tamil Nadu likely to hold Facebook accountable for suicide case

praskrishna — 2016-07-13T13:44:58Z

The recent suicide of a 21-year-old woman from Salem district in Tamil Nadu over her morphed pictures being uploaded on Facebook could turn into a flash-point between the state police and the world's most-popular social networking site.

The article by V. Prem Shanker was published in the Economic Times on July 13, 2016.

"We are exploring the possibility of holding Facebook accountable for the delay in responding to our requests since that was one of the factors which led to the young lady committing suicide," Salem superintendent of police Amit Kumar Singh told ET in an exclusive interaction. On June 23, the Salem police had received a complaint from the father of the 21-year-old stating that someone had uploaded her morphed nude pictures on Facebook. The father had requested the police to get the photographs removed from the site and also find and warn the perpetrator.

The police recorded the complaint the same evening and later sent what is called a 'Law Enforcement Online Request' to Facebook asking for details of the IP address from which the morphed photographs were uploaded on the website. Officials also requested Facebook to take down the objectionable photographs of the young woman.

Five days after the request was sent, Facebook responded with the IP address on June 28 and within 12 hours after that the police cracked the case and nabbed the suspect.

However, all this was a bit too late because the previous day, on June 27, the young woman had ended her life. Her morphed nude photographs were taken down only on the day of her death, according to the police.

"Apart from addressing Facebook, we also investigated the case from other angles but couldn't make headway. Thus, there was nothing we could do about the pictures still being online apart from waiting for Facebook to act," Singh said, adding "enforcement of compliance is a matter of grave concern."

Officials are considering charging Facebook with abetment to suicide and including Facebook in the chargesheet if the site is found culpable after investigations. However, the state police is said to be discussing with legal experts on how this can be done as there is no precedent for a website having been charged in a crime.

Facebook did not reply to an email seeking comment. Earlier in a communique, responding to criticisms of police inaction in this case, Singh had pointed out that "Only Facebook can block a page and it exercises this discretion as per its Facebook Community Standards and not the law of the land it is being viewed in. Facebook does not provide the police with any special powers to take down a page even if the police receive a cognizable complaint of identity theft and uploading of obscene content. There is no tool available, at least as of now, with the police to coerce or goad Facebook to act expeditiously even if the matter is very urgent and there is a flagrant violation of Indian law."

Experts point out that the disparity with which Facebook treats child abuse laws and copyright infringements as opposed to violation of women's rights is stark.

"Look at the war against child pornography. In the United Kingdom there is an independent foundation that has immunity under UK child pornography law. They generate a database and circulate it across all platforms and ensure that it is kept absolutely squeaky clean," points out Sunil Abraham, executive director of Bengaluru based research organisation, Centre for Internet and Society.

"There definitely needs to be a law to ensure that such platforms do not violate the law of the land, especially when it comes to women's rights. But in interim, the government can create an information escrow or a platform where the victims can place on record their problems and it is there for these sites to see and take action," Abraham added.

For more details visit http://editors.cis-india.org/internet-governance/news/economic-times-v-prem-shanker-july-13-2016-tamil-nadu-likely-to-hold-facebook-accountable-for-suicide-case

NVDA Reports

praskrishna — 2016-07-13T13:04:45Z

For more details visit http://editors.cis-india.org/accessibility/blog/nvda-reports.zip

Place for a safety net

praskrishna — 2016-07-13T02:45:56Z

Vinupriya took her life last week, humiliated by the morphed images of her naked body posted on a social media site. Experts warn that the spike in Internet traffic brings with it an increase in online sexual crimes. Measures must be taken urgently to save lives, they tell T.V. Jayan.

The article was published in the Telegraph on July 10, 2016.

Sangeeta (not her name) was 25 and working for a private company in Mumbai when she suddenly told her family that she was going to quit her job and stay at home. Her parents were flummoxed, but questioning and coaxing yielded no answers. As the days rolled on, the management graduate slipped into depression. Her worried family took her to a counsellor. And it was only then that she came out with her story.

Soon after she joined the company, Sangeeta got romantically involved with her boss. By the time she learnt he was married, the involvement had taken a physical turn. And when she tried to put an end to it, the man, who had recorded their intimate moments, used the video clips to blackmail her for sexual favours. After Sangeeta's confession and a police complaint, the blackmailing boss was nabbed and put behind bars.

Vinupriya, an undergraduate student from Salem, Tamil Nadu, was not so lucky. She found that her morphed images had been uploaded on Facebook. She committed suicide last week after her parents refused to believe her story, and the police failed to act swiftly.

Cyber experts are alarmed by the increase in online crimes against women in India. According to them, what is more worrying is that though the risks are catastrophic, the issues are not being addressed at a larger level.

"Vinupriya's case is particularly frightening. I suspect this would be the first of many such tragedies. They might even result in honour killings, as such crimes can destroy the reputation of families," says American cyber lawyer Parry Aftab, executive director of the voluntary organisation, Wired Safety, which she founded 20 years ago, and which deals extensively with cyber stalking and other crimes.

Earlier this week, a man was arrested in Delhi for sending obscene messages to more than 1,500 women in the National Capital Region. According to the police, the miscreant would randomly dial any number and if the caller turned out to be a woman, he would save the number and later check out her WhatsApp profile picture. He would then send obscene clips to the woman. One news report said some of the marriages were in trouble because husbands had seen the messages and suspected that their wives were in a relationship with the man sending those explicit messages.

Aftab has been studying the dangers of online stalking for a while. There are no figures on this in India, but a top United Nations official, stationed in New Delhi and dealing with trafficking, told her that about 500 rape and sexual assault cases were recorded and shared over WhatsApp in India this year.

She referred to a study conducted in the US that said one in three girls and boys engaged in sexting. Children involved in sexting contemplated suicide three times more than others of the same age, she said.

According to her, Wired Safety volunteers come across five cases of sextortion and sexting every day from Asian countries, including India, and act upon them by red-flagging social media organisations where such images are posted.

Pavan Duggal, a cyber lawyer based in Delhi, feels that social media service providers are not doing enough to stop online sexual abuse. "They are hiding behind a 2015 Supreme Court judgment, which said content can be removed only on judicial orders or in response to government notifications," he says.

The verdict he refers to was delivered in a case filed by a student called Shreya Singhal. In 2012, two girls were arrested over their Facebook post questioning the Mumbai shutdown for Shiv Sena patriarch Bal Thackeray's funeral. The incident made an impression on Singhal, a student of astrophysics at the University of Bristol, who was in India at the time.

Upon research she discovered that Section 66(A) of India's IT Act was subjective and any seemingly offensive social media post could land anyone in jail. Singhal filed a writ petition in the Supreme Court protesting that the section violated the constitutional right to freedom of speech and expression, and in 2015, the apex court ruled in her favour.

This judgment, however, emboldened cyber miscreants. "All the cyber bullies and cyber stalkers now have a misplaced feeling that nothing can happen to them," says Duggal. He points out that while the delivery of justice takes time, the harassment happens 24x7.

"Who do the victims turn to for help? There are provisions in the 2011 IT rules that clearly say that social medial service providers should have rules and regulations in place to deal with objectionable content, but they do not act," he holds.

Aftab, however, believes that some efforts are in place. She cites the example of Microsoft's PhotoDNA technology, which is used by many social media and online search firms, including Facebook, Google and Twitter, to prevent child pornography on the Internet. PhotoDNA works by creating a number of mini hashes on a single image and combining them to have a full hash. If anything is changed, even a pixel, then the hash signature will not match.

But she holds that on a larger scale, it is difficult to technologically deal with revenge porn, sextortion (using a sexual or provocative image to blackmail people for sexual favours) and sexting (sharing sexually provocative images of people, especially women) with the intention of damaging reputation.

Sunil Abraham, executive director of the Bangalore-based Centre for Internet and Society, hints at a lack of initiative on the part of the social media organisations. "When it comes to enforcing intellectual property, organisations like Facebook do an excellent job of keeping their platform free of copyright infringement," he says. "So, clearly these companies can police activities on their platform when it affects their bottom-line."

And while this debate continues, more and more Indians join the online experience, thereby increasing the chances of more such cases. Aftab, who plans to set up a voluntary organisation relating to cyber safety in India, says it is best to focus on proactive measures in the interim.

Last month, she addressed 1,200 teenage girls from a Bangalore college. "One of the first questions posed to me was from a young girl who said she was currently being blackmailed by someone who threatened to morph her pictures into sexually explicit images and send them to her family and others. Morphed image issue seems to be a lot more serious in India than in the West."

The problem, she stresses, is that such incidents can lead to self-harm. To counter this, the affected person needs to inform his or her family and enlist their support. Together, they should approach social media organisations to ensure that the objectionable content is removed in time. To prevent the offenders from doing further harm, they then need to take the help of law enforcement agencies.

"The government for its part must amplify the voices of women and hold these Internet corporations accountable for an information escrow. There should be an independent mechanism to monitor whether Internet platforms are taking complaints from women seriously," Abraham says. Only then can a young girl like Vinupriya pluck up the courage to fight online abuse.

For more details visit http://editors.cis-india.org/internet-governance/news/the-telegraph-july-10-2016-place-for-a-safety-net

Sub-$100 mobile phones_Browser Compatibility Tests.xlsx

praskrishna — 2016-07-10T14:09:07Z

For more details visit http://editors.cis-india.org/a2k/blogs/Sub-100%20mobile%20phones_Browser%20Compatibility%20Tests.xlsx

ଓଡ଼ିଆ ଉଇକିଅଭିଧାନରେ ଏକ ଲକ୍ଷ ଶବ୍ଦ

praskrishna — 2016-07-09T08:17:07Z

A news article on Odia Wiktionary's 11th anniversary that got published in Odia-language daily Sambad on June 18.

For more details visit http://editors.cis-india.org/a2k/news/sambad-article-on-odia-wiktionary

The Digital Oxygen for Odia Language

praskrishna — 2016-07-09T07:52:18Z

The article was published in My City Links on July 4, 2016.

For more details visit http://editors.cis-india.org/a2k/news/my-city-links-july-4-2016-digital-oxygen-for-odia-language

୧୧ ବର୍ଷରେ ଓଡ଼ିଆ ଉଇକିଅଭିଧାନ, ଯୋଡ଼ିହୋଇଛି ଲକ୍ଷେରୁ ଅଧିକ ଶବ୍ଦ

praskrishna — 2016-07-09T07:38:46Z

Odia Wikisource turned 11 on June 16. A news article was published about the project and the contributor community in Odia-language daily Prameya on June 17.

For more details visit http://editors.cis-india.org/a2k/news/prameya-june-17-2016-article-on-odia-wikipedia

Photos and Screenshots

praskrishna — 2016-07-09T04:16:41Z

For more details visit http://editors.cis-india.org/a2k/blogs/photos-and-screenshots

India may not be guilty of opposing UN move to save internet rights

praskrishna — 2016-07-09T02:58:53Z

India is a democratic country, but the standards for freedom of expression promised to us—online and offline—are highly questionable, especially with online content being censured and comedians being threatened to be arrested for sedition.

This was published by Ciol on July 7, 2016.

So the media criticism came as no surprise when India supported the amendments proposed by countries like China and Russia last week when the United Nations Human Rights Council (UNHRC) passed a resolution on the “promotion, protection and enjoyment of human rights on the Internet”.

According to some media reports, countries like Russia, China, and Saudi Arabia, as well as democracies like South Africa and India, called for the UN to delete a passage in the resolution that ‘condemns unequivocally measures to intentionally prevent or disrupt access to our dissemination of information online’.”

India has also been struggling to draft a comprehensive privacy bill, and most recently came out with a geospatial information regulation bill that would establish ownership over all forms of location data.

However, the fact that the resolution was adopted without a vote (with oral revision)—as noted by the UNHRC—puts these news reports on a faulty ground. So technically, India did not ‘vote against’ the resolution. Moreover, none of the four amendments supported by India called for the deletion of a passage that condemned the prevention or disruption of Internet access and online information dissemination, as noted by the Centre for Internet and Society. Although, India flouts the said clause in spirit, back at home.

Out of the four amendments—L85-88 in the UNHRC resolution–the first amendment (L85) sought to include a reference to fighting against the exploitation of children online. This was withdrawn by Russia before it was considered by member states. L86 can truly be described as diluting language regarding freedom of expression online. L88 includes reference to hate speech, asks to introduce a new paragraph that states “Expresses its concern at the use of the Internet and information and communications technology to disseminate ideas based on racial superiority or hatred, and incitement to racial discrimination, xenophobia, and related intolerance.” This amendment was proposed by Belarus, China, Iran and the Russian Federation.

Considering that the Internet and other online media technologies are increasingly used for incitement and as a means of propagating intolerance and xenophobia in India and other Asian countries, the resolution does touch on an important issue. But it doesn’t seek to limit internet freedom particularly.

For more details visit http://editors.cis-india.org/internet-governance/news/ciol-july-7-2016-india-may-not-be-guilty-of-opposing-un-move-to-save-internet-rights

TRAI Free Data paper: Paytm to Hike, the responses from other companies

praskrishna — 2016-07-09T02:44:49Z

Here's a look at responses of other players like Paytm, Hike Messenger, Nasscom, Centre for Internet Society to TRAI's paper.

This was published in the Indian Express on July 5, 2016.

While telecos are not too happy with Telecom Regulatory Authority of India (TRAI)’s proposal for TSP-agnostic platforms to provide free data, other companies and groups have also responded to the paper.

On May 19, TRAI released a consultation paper on how to provide free data for consumers and whether a TSP-agnostic platform was one possible solution. TRAI in its paper asked if it was possible to give out free data as rewards to customers, and whether such models should be regulated. Here’s a look at responses of other players like Paytm, Hike Messenger, Nasscom, Centre for Internet Society, etc to TRAI’s paper.

Paytm has also issued an official response to TRAI’s paper.

Paytm

Paytm’s response indicates it views TSP-agnostic platforms for free data as being against the principles of Net Neutrality.

In the response Paytm has said, “Telecom Service Providers (TSPs) being the producers/owners of data have an undue advantage compared to others if award is provided in the form of free data. Award in the form of free data can be used to replicate the effect of zero cost of access for selected sites, an outcome that is against the principle of Net Neutrality.”

The company says free data won’t solve the problem and instead of giving data back as rewards, a neutral currency should be employed as an incentive.

Datawind

Tablet maker Datawind has also responded to the paper and said that a “TSP-agnostic platform as suggested in this consultation paper would benefit the ability of content providers and application providers in delivering affordable internet access.”

Datawind’s statement says breaking the affordability barrier is a key issue in increasing broadband adoption in India, and “this consultation-paper is an important step towards exploring such solutions.”

Hike Messenger

Hike Messenger has also argued in favour of a “TSP-agnostic platform” and say it can allow “start-ups like ours to purchase data in bulk that in turn we can use to make certain parts of the app free.”

The response reads, “TSP agnostic platform would allow data purchase from all TSPs in the market and have a very transparent approval process to ensure that no malicious apps abuse (similar to how the Google Play Store operates) and a pricing plan/rate card that would allow start-ups to purchase data potentially availing of discounts based on volume.”

It also favours some “light regulation should be employed” in case TRAI does adopt this model.

For more details visit http://editors.cis-india.org/telecom/news/indian-express-july-5-2016-trai-free-data-paper-paytm-to-hike-the-responses-from-other-companies

India No Haven For Net Freedom But It Did Not Oppose UN Move on Internet Rights

praskrishna — 2016-07-09T02:25:51Z

India hasn’t had the best record when it comes to Internet rights. The country regularly carries out Internet shutdowns under flimsy pretexts, is still fumbling when it comes to the drafting of a comprehensive privacy bill, and most recently came out with a geospatial information regulation bill that would establish ownership over all forms of location data.

The article by Anuj Srinivas was published in the Wire on July 6, 2016.

So, last week, when the United Nations Human Rights Council (UNHRC) passed a resolution on the “promotion, protection and enjoyment of human rights on the Internet”, it wasn’t surprising to see the wave of media criticism of the amendments that were proposed by countries such as China and Russia – and which were supported by India.

South Africa’s Mail & Guardian ran a story headlined “South Africa votes with China, Russia and India against Internet freedoms in UN resolution”. Private Internet Access’s headline was “These 17 Countries Don’t Believe that Freedom of Expression on the Internet is a Human Right”. Popular tech website The Verge noted that the resolution was opposed “by a minority of authoritarian regimes including Russia, China and Saudi Arabia, as well as democracies like South Africa and India. These nations called for the UN to delete a passage in the resolution that ‘condemns unequivocally measures to intentionally prevent or disrupt access to our dissemination of information online’.”

The Verge‘s report was followed up by a number of Indian publications including IndiaToday and Medianama – the latter incorrectly stating that the UNHRC resolution “recognised Internet usage as a basic human right – as well a host of other global publications.

The facts
There were two fundamental mistakes with some of these reports. Firstly, the resolution was adopted without vote (with oral revision) as noted by the UNHRC. Therefore, while there were a number of countries which co-sponsored the resolution and many that didn’t, it is completely wrong to state that India – as the Mail & Guardian reported – or any other country, voted against the resolution.

Secondly, as noted by the Centre for Internet and Society, none of the four amendments supported by India called for the deletion of a passage that condemned the prevention or disruption of Internet access and online information dissemination. Although it may fit neatly within India’s history of issuing Internet block orders, no country was opposed to this paragraph at the UNHRC forum (although many countries including India flout this clause in spirit back at home). No such amendment was proposed.

What then were these four amendments, which Article 19, an organisation that advocates freedom of expression, statedwould “substantially weaken the resolution”? Out of the four amendments (referred to as L85-88 in the UNHRC resolution), the first amendment (L85) – which sought to include a reference to fighting against the exploitation of children online – was withdrawn by Russia before it was considered by member states.

The other three amendments, while not completely endorsed by the countries that co-sponsored the resolution, do carry a certain level of nuance. Only one of the amendments (L86) can truly be described as diluting language regarding freedom of expression online, although this could have been potentially a result of procedural politics.

L88: Including Reference to Hate Speech
This amendment – proposed by Belarus, China, Iran and the Russian Federation – asks to introduce a new paragraph that states:

“Expresses its concern at the use of the Internet and information and communications technology to disseminate ideas based on racial superiority or hatred, and incitement to racial discrimination, xenophobia and related intolerance.”

Article 19 says of this amendment that it would “undermine the intended focus of the draft resolution on protecting human rights online, in particular freedom of expression..” While it is true that a few paragraphs of the resolution’s preamble include a reference to hate speech, it is difficult to see what harm this amendment would have brought in and even more difficult to accept that it would dilute the focus of the overall resolution.

Using the Internet and other online media technologies for incitement and as a means of propagating intolerance and xenophobia is a very real problem in India and other Asian countries, the most notable example of which was the role that social media played in the exodus of north-east Indian migrants from Bangalore four years ago. While shutdowns are obviously not the best way of dealing with this, it is important to acknowledge the role of the Internet as a medium in this aspect. In sum, this amendment certainly would not have diluted the resolution’s aim of promoting freedom of expression online.

L87: Human-Rights Approach
The second amendment replaces the term “human rights-based approach” with “comprehensive and integrated approach” in two paragraphs on expanding Internet access:

PP17: Stressing the importance of applying a comprehensive and integrated (human rights-based approach) in providing and expanding access to the Internet and for the Internet to be open, accessible and nurtured by multistakeholder participation,

OP5: Affirms also the importance of applying a comprehensive and integrated (human rights-based approach) in providing and in expanding access to Internet and requests all States to make efforts to bridge the many forms of digital divides..

This amendment was a little trickier. According to people involved in the country stakeholder discussions, whom The Wirespoke with, the aversion to a ‘human-rights’ approach towards expanding Internet access came as a result of China and Russia playing procedural politics. The language that was proposed in the amendment – “comprehensive and integrated” – while certainly not the strongest possible language that could have been used, would not have legally diluted the proposal to expand Internet access while maintaining an open and multistakeholder approach towards Internet governance.

Stepping back, what would a human rights-based approach in expanding Internet access look like? Would it include legitimising the act of zero-rating and the approval of schemes such as Facebook’s Free Basics? Both of which, incidentally, have been banned in India. While the proposed amendment certainly does not speak well of the motivations of China, Russia and India, the term is also vague enough that its mere removal doesn’t indicate a lack of support towards Internet freedom.

L88 – Right to privacy and removal of UDHR reference
This amendment, proposed by China and the Russian Federation, was more straightforward. In two paragraphs, it sought to add the specific term ‘right to privacy’, while in another paragraph it proposed removing reference to language from, and articles in, the Universal Declaration of Human Rights. Had the amendment been passed, the changes in the following paragraphs would have been made:

PP7: Noting that the exercise of human rights, in particular the right to freedom of expression and the right to privacy, on the Internet is an issue of increasing interest and importance as the rapid pace of technological development enables individuals all over the world to use new information and communication technologies,

OP15: Decides to continue its consideration of the promotion, protection and enjoyment of human rights, including the right to freedom of expression and the right to privacy, on the Internet and other information and communication technology, as well as of how the Internet can be an important tool for fostering citizen and civil society participation, for the realisation of development in every community and for exercising human rights, in accordance with its programme of work.

OP1: Affirms that the same rights that people have offline must also be protected online, in particular freedom of expression ~~which is applicable regardless of frontiers and through any media of one’s choice~~, and the right to privacy in accordance with articles 17 and 19 of the ~~Universal Declaration of Human Rights and the~~ International Covenant on Civil and Political Rights;

On one hand, this amendment would have added specific reference to the right to privacy. That specific term doesn’t appear in the draft resolution, although there are a few references to privacy in general in the resolution’s preamble.

However, the addition of a ‘right to privacy’ is coupled with a watering down of clear references to the protection of freedom of expression. Cynical observers would rightly note that China and Russia are probably less concerned with online privacy and more irked with the clear support of freedom of expression “regardless of frontiers” and “in accordance with the Universal Declaration of Human Rights”; which is probably why this particular proposed amendment combined both issues to improve its chances of passing. While there is little doubt that this amendment would have diluted the resolution’s focus on protecting freedom of expression, the alternative phrasing also doesn’t create legal loopholes that renders it useless. Moreover, it still contains reference to the International Covenant on Civil and Political Rights, especially Article 19, which goes beyond Article 19 of the UDHR .

India, a guardian?
It would be naive and wrong to take a strong position either way. To state that the amendments supported by India are all antithetical to the spirit of the UNHRC resolution, as some have done, is simply incorrect. On the other hand, this doesn’t mean India, and even less, China and Russia, are guardians of Internet freedom.

The UNHRC resolution in its entirety is a fine document. While non-binding, it provides a foundation for claiming that the same rights people have offline “must also be protected online”. Other crucial sections state that governments “should ensure accountability for all human rights violations and abuses committed against persons for exercising their human rights online”, while condemning “measures to intentionally prevent or disrupt access to or dissemination of information online”.

While the amendments India supported may not wholly oppose this resolution, it is also true that successive Indian governments also do not have an admirable track-record of upholding the resolution’s aims. Freedom for online speech had to be reclaimed in the form of court judgements, with the current government still supporting regulations that would allow it clamp down on online freedom of expression. In certain states within the country, Internet shutdowns happen without public explanations or justifiable reasoning. Over the last four years, for instance, Jammu and Kashmir has lost 18 days of Internet access. While it may not have wholly opposed the UNHRC resolution, the country still has a ways to go in terms of Internet freedom.

For more details visit http://editors.cis-india.org/internet-governance/news/the-week-anuj-srinivas-july-6-2016-india-no-haven-for-net-freedom-but-did-not-oppose-un-move-on-internet-rights

Flashpoint #TrollControl: Maneka versus NCW

praskrishna — 2016-07-09T02:11:59Z

Amidst the debate over controlling online trolls - the proposal by Union Women and Child Development Minister to curb violence against women on the internet has triggered a fight between the minister and the National Commission for Women (NCW).

While Maneka Gandhi asked the NCW to monitor the internet to control trolls against women - NCW Chief Lalitha Kumaramangalam questioning the feasibility of the Minister's proposal, saying the internet is too big a space to be monitored. Sunil Abraham was interviewed. Times Now Television interviewed Sunil Abraham on this. Watch the video here.

For more details visit http://editors.cis-india.org/internet-governance/news/times-now-july-8-2016-flashpoint-troll-control-maneka-versus-ncw

Sub-$100 Mobile Phones Browser Compatibility Tests

praskrishna — 2016-07-10T14:12:22Z

For more details visit http://editors.cis-india.org/a2k/blogs/sub-100-mobile-phones-browser-compatibility-tests

FB & Google have already monopolised Indian cyberspace

praskrishna — 2016-07-08T15:59:46Z

In an interview with Catch, Sunil Abraham, executive director of Center for Internet & Society, puts the recent US-India cyber relationship framework into perspective. Abraham also talks about how Indian surveillance policies are outdated and why the country has failed to check the hegemonic tendencies of companies like Facebook and Google.

The interview was published by Catch News on July 3, 2016.

US-India signed a cyber relationship framework earlier this month. Could you explain some of the takeouts that may have important implications in the near future?

In the framework, both sides have made a "commitment to the multi-stakeholder model of Internet governance" - in immediate practical terms that means India will accept the Internet Assigned Numbers Authority (IANA) transition proposed for the Internet Corporation for Assigned Names and Numbers (ICANN). Unfortunately, as my colleague Pranesh Prakash points out "U.S. state control over the core of the internet's domain name system is not being removed by the transition that is currently underway."

India along with Brazil and other emerging powers should have insisted that the question of jurisdiction be addressed before the transition. We must remember, that the multi-stakeholder model is just a fancy name for open and participatory self-regulation by the private sector. While the multi-stakeholder model is useful as a complement to traditional state-led regulation, it cannot be used to protect human rights or ensure the security of a nation state.

[That is precisely why - the very next sentence in the announcement for the the framework for the US-India Cyber Relationship says "a recognition of the leading role for governments in cyber security matters relating to national security". This is because ICANN-style multistakeholderism requires all stakeholders to be on "equal footing" without "distinct roles and responsibilities". In other words, the governments are saying that the multistakeholder model is fine for all Internet Governance areas with the exception of Cyber Security. Given the limits of the multistakeholder model this is indeed the wise thing to do. Since American corporations dominate the Internet, US foreign policy has historically pushed for the multistakeholder model as fig leaf for forbearance and reduced foreign regulatory burden American corporations operating in other jurisdictions. Therefore India must not drink the multistakeholder cool-aid whole sale. It cannot afford a laissez-faire approach where it waits for corporations to self-regulate - it must regulate whenever public interest or human rights are harmed. In other words, it must go beyond the multistakeholder model and produce appropriate regulation where necessary. Needless to add - it must also deregulate in areas where harms don't exist. Apart from this many of the details of the announcement are positive steps that will increase security in India and the USA, and indeed the also across the world.]

What are some aspects of Intellectual Property Rights that should be looked at, in the context of the framework?

There is some language around Intellectual Property Rights (IPR) that should be examined carefully too. The US corporations benefit from a maximalist IP regime. But Make in India, Digital India and Startup India all depend on flexibilities to the IP regime and therefore India should refuse signing. Trans-Pacific Partnership (TPP) obligations like the "Digital 2 Dozen" which the US is actively proselytizing across the Pacific. If we make that mistake, we will make zero progress in indigenous security research and product development and also many other areas of our economy, health sector and education sector will be severely compromised. Therefore it would be best to keep IP rights expansion and enforcement out of the framework for the US-India Cyber Relationship.

The PIL seeking a ban on WhatsApp was refused by the SC recently. Encrypted messaging services like Telegram however, have been used in the past by terror groups. What's your take on such end-to-end encryption services?

Privacy and security are two sides of the same coin. You cannot have one without the other. End-to-end encryption is the basis for online privacy. End-to-end encryption is a pre-requisite for many legitimate actions of law abiding citizens online such as commerce, banking, tele-medicine, protection of intellectual property, witness/source protection, client confidentiality etc. Therefore, banning end-to-end encryption would mean the death of individual privacy and national security.

If the government wants to promote cyber security it should promote the use of end-to-end encryption amongst law abiding citizens.

Terrorist have to be stopped through targeted profiling, surveillance and interception. Big data analytics may be useful to watch for patterns in the meta data but there is no replacement for good old fashioned police work.

Once suspects have been identified the encrypted channels can be compromised by:

Placing trojans on the end-user devices
Performing man-in-the-middle attacks and
Using brute force attacks with super computers.

Snowden's revelations have made it very clear that blanket and mass surveillance does not help foil terror attacks or stop organised crime. So far, research and government reports from across the world indicate that only a minority of terrorists use encryption. However, this situation may change.

We don't have any proper encryption policy under the IT Act yet. What's taking so long and what are the key points that any policy in this matter must include in future?

We need many different types of encryption policies. We need a policy that mandates encryption and digital signature for all government personnel and also for all government transactions. We need policies that promote research and development in cryptography and mathematics. We need to update our criminal procedure code so that encrypted communications and data can be targeted by law enforcement and used effectively in the criminal justice process.

However, we should not have any broad encryption policy that tries to regulate encryption as a technology. That would be a highly regressive move and will be impossible to enforce. That would breed contempt for rule of law.

Surveillance and the tech around it has been contentious for various governments. Where do we stand vis-a-vis regulating surveillance measures by the state?

Our surveillance and interception laws are outdated. They need to be modernized to deal with advancements in technology and also global developments when it comes to data protection and privacy law.

In fact, our organisation was part of a global effort called Necessary and Proportionate which identified 13 principles to modernise surveillance which are connected to various aspects such as Legality, Legitimate aim, Competent judicial authority, Integrity of communications and systems and more. Some of these principles may have to be customised for the Indian context. [For example, given the load on courts perhaps India should stay with executive authorization of interceptions and data access requests. However, getting the law correct is only half the job. For the law cannot fix what the technology has broken. Some surveillance projects are well designed. For ex. the NATGRID - from what I understand it is a standard and platform that which will allow 12 security, intelligence and law enforcement agencies to temporarily make unions of sub-sets of 21 data sources. These automated temporary databases will be created under existing data access provisions of the law. I also hope the NATGRID is also using cryptography to ensure the maintenance of a non-repudiable log that will identify all officers involved in authorizing the each request and accessing the resultant data. Unfortunately, other surveillance projects are unmitigated disasters. For example, UID or Aadhaar. Many Indians don't realize that Aadhaar is a surveillance project. Biometrics is just a fancy name for remote, covert and non-consensual identification technology. Using the UID database the government can identify every single Indian without their consent. The so called "consent layer" in the India Stack is being developed by volunteers outside the UIDAI to avoid transparency under the Right to Information Act. Nothing in the current layer of the "consent layer" allows citizens to revoke consent. There is no facility in the UID Act to delete yourself from the database. Identity information aka the UID number and authentication information aka your biometrics for about a billion Indians have been collected and stored in a centralized location. It is as if our parliamentarians have written an open letter to criminals and foreign governments says "here is the information you need to wreck whole sale damage - come and get it". Hopefully the Supreme Court will save us from this impending disaster.]

With a sluggish US market, India has the biggest potential for companies like FB & Google, next only to China. Do you feel that in the quest to take over the Indian market, FB & Google are going to monopolise cyberspace in India?

I have news for you - they have already monopolised Indian cyberspace. They have completely wiped out competition in certain domains.

One of the many reasons they have done this is because we don't have laws and regulations to temper their hegemonic tendencies. For example, we could use data portability and interoperability mandates for social media to spark competition in markets where there are entrenched monopolies.

Competition law can be used to protect other firms from abuse of market power. Consumer protection law and privacy law could be used to ensure that user's rights are not compromised in the race for market share. In addition, a modern privacy law compliant with the best practices in the European Data Protection Regulation 2016, would allow emerging Indian companies to compete with giants like Facebook and Google on a level playing field. [Speaking of level playing field - only recently has the government introduced the "equalization levy". This was long overdue. Imagine the amount of tax that could have been collected so far and damage that has been done to competition. Regardless the current NDA government deserves our kudos for ensuring that Facebook and Google contribute their fair share of taxes. The new IPR Policy was also an opportunity to address the monopoly of Google and Facebook. There should have been a concerted attempt to use free/open source software, open standard and open content to bolster Indic language technologies. A billion dollars from every spectrum auction should be used to create incentives for Indian private sector, research and academic organisation who can contribute openly to the Indic cyberspace. This is the market where we can still build a highly competitive market. Today, given government inaction - millions of Indians are training Google's language platforms every time they use machine translation or speech to text technologies. This corpus of information will not be available for public interest research. Ideally we should also have Indians contributing to commons-based peer production projects like Wikipedia for their Indic language needs. Unfortunately the government totally missed this opportunity.]

For more details visit http://editors.cis-india.org/internet-governance/news/catch-news-asad-ali-july-3-2016-fb-and-google-have-already-monopolised-indian-cyberspace