Centre for Internet and Society

India partially lifts Porn Ban?

praskrishna — 2015-09-20T06:30:34Z

India is said to have partially removed the porn ban. But many internet service providers have refused to restore access, due to a 'vague' government order.

The blog post by Nazhat Khan was published in DESI blitz on August 7, 2015.

India has partially lifted the ban of online pornography, just days after blocking user access to 857 adult websites.

The Indian government enforced the ban on July 30, 2015, only to reverse its decision on August 4, 2015. Ravi Shankar Prasad, the Communications and IT Minister, clarifies the ban only targets websites promoting child pornography.

He says: “A new notification will be issued shortly. The ban will be partially withdrawn. Sites that do not promote child porn will be unbanned.” Under the new order, internet service providers (ISPs) in India are allowed to unblock these 857 websites – except for those that contain child pornography.

This has caused another outrage. ISPs complain it is not within their capability and responsibility to do so. Internet Service Providers Association of India (ISPAI) explains: “ISPs have no way or mechanism to filter out child pornography from URLs, and the further unlimited sub-links.

“Hence, we request your good self to advise us immediately on the future course of action in this regard.

“Till your further directive, the ISPs are keeping the said 857 URLs disabled.”

An executive at an Indian ISP tells the Wall Street Journal: “How can we go ahead? What if something comes up tomorrow [on one of these sites], which has child porn, or something else?”

Pranesh Prakash, policy director at the Centre for Internet and Society, points out it is not right for the government to pass the ball over to private companies.

He says: “The onus cannot be put on the service providers. What the government is doing is inherently unfair, it is not what the law requires.” In effect, porn sites in India are still blocked. The Supreme Court and senior officials are yet to provide clearer directives for ISPs.

For more details visit http://editors.cis-india.org/internet-governance/news/desi-blitz-august-7-2015-nazhat-khan-india-partially-lifts-porn-ban

Genetic Profiling: Is it all in the DNA?

praskrishna — 2015-09-13T09:47:17Z

A Bill seeks to make genetic profiling mandatory for the fight against crime—and generates a debate about the clash of ethics, freedom, science and data.

The article by Ullekh NP was published in Open Magazine on August 7, 2015. Sunil Abraham gave his inputs.

When British geneticist Sir Alec Jeffreys first developed the DNA profiling test 31 years ago in his laboratory at Leicester University, he didn’t help the police prove a man guilty. His test—back then it took weeks to complete DNA profiling procedures as opposed to a few hours now—proved that a rape suspect in police custody was innocent. Details from the whole exercise also subsequently helped the local police nab the real criminal, who had killed his teenaged rape victim. Later, the police found that he was the one who had committed a similar crime three years earlier in a village nearby. Britain was destined to make great gains in solving crimes thanks to DNA identification, while the rest of the developed world, including the US, caught up later, but only after lagging initially thanks to the relentless—and sometimes ill-founded—opposition from civil liberties activists. In India, the Human DNA Profiling Bill, 2015, a proposed law that envisages collecting DNA finger prints—which are unique to an individual—especially of criminals, has been in the making for the past 12 years. The draft bill, which will shortly be placed before the Union Cabinet for its nod, has been prepared by the Department of Biotechnology and the Centre for DNA Fingerprinting & Diagnostics (CDFD), a Hyderabad-based Central Government-run agency, after examining and reviewing submissions by a panel of experts, holding consultations with various stakeholders and getting responses from the public. Notwithstanding the claims of safeguards against any misuse of the intended DNA data base, activists, lawyers, internet freedom fighters, civil liberty activists and columnists have been up in arms against the Government, arguing that the DNA profiling bill is ill- conceived and naïve—to the extent that it would destroy an individual’s right to privacy as it lacks provisions to check data tampering.

The international experience has proved otherwise. Ever since Sir Jeffreys extracted DNA from human muscle tissue, identified and processed genetic markers (which are unique to individuals except in the case of identical twins) from what was until then considered ‘seemingly purposeless segments of the human DNA’ in the words of writers Peter Reinharz and Howard Safir, more than 500,000 ‘otherwise unsolvable’ cases have been solved in the developed world thanks to the DNA identification, note CDFD scientists. DNA is the hereditary material in the human body. It is found in blood, saliva, urine, strands of hair, semen, tears, skin, etcetera.

Dr Madhusudan Reddy Nandineni, staff scientist and group leader, laboratory of DNA fingerprinting services and laboratory of genomics and profiling applications, CDFD, is worried that opposition to the Bill is gaining momentum in India due to a raft of reasons. Of course, the West, too, has witnessed sharp protests against DNA profiling laws. One of the key reasons anti-profiling activists have an edge, says a senior Home Ministry official who asks not to be named, is that there is a “general public anxiety” over “anything to do with disclosing personal details”. He agrees that the tests are going to be intrusive, because muscle tissue may have to be collected from private parts. The procedure of DNA sample collection—as explained in the draft Bill submitted in January by a committee headed by TS Rao, senior adviser to the department of biotechnology—talks about obtaining intimate body samples of living persons (on page 6-7 of the 48- page document) from ‘the genital or anal area, the buttocks and also breasts in the case of a female’. According to the draft Bill, it also involves external examination of private parts, taking samples from pubic hair or by swabs or washing or by vacuum suction, by scraping or by lifting by tape and taking of a photograph or video recording of, or an impression or cast of a wound in those areas. “But then, it is par for the course,” says the Home Ministry official by way of justification.

American military historian and author Edward Luttwak agrees that DNA profiling is a significant intrusion into the “very body of a citizen”. That is the price one has to pay in the choice between liberty and equality before investigation, he posits. Luttwak is glad that in the US, as well as in other countries that have such profiling laws, DNA identification has yielded results. “It protects suspicious/ low status but innocent people from false accusations and helps to catch clever/high-status law-breakers,” he says.

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For his part, Dr Nandineni says that every aspect of the Human DNA Profiling Bill for India is based on similar legislation that has already been implemented in the US, Canada, UK, Australia and Continental Europe for more than 20 years. He also contends that the benefits that have accrued there are enormous, which India has missed out on for all these years. “In all these countries, the concerns of the general public on privacy matters have been allayed in their legislation,” he adds. He points out that the retention of DNA profiles in a ‘DNA Data Bank’ is meant to apprehend repeat offenders and thus serve a larger societal good. As regards privacy concerns, Dr Nandineni says that consultations on the preparations of the Bill lasted for 2-3 years and took into account the views of an expert committee whose members included representatives of NGOs.

Dr Nandineni is of the view that the opponents of the Bill have managed to get an upper hand in a national debate thanks to their media-savvy backgrounds. Agrees the Home Ministry official: “Perhaps the drafters of the Bill have not been communicative enough in getting their points across to the public and the media. Which might explain why the Bill has come under tremendous attack in the media. Even otherwise, global trends also show that civil liberty rights activists have had great initial advantage in their campaign against DNA profiling.” After all, the potential for misuse of DNA samples is not restricted to biological material collected under the provisions of the DNA Bill alone, Nandineni offers. “Any and every blood sample collected by a clinical laboratory has the same potential for misuse,” he says.

While Dr J Gowrishankar, director, CDFD, has been vocal about the positives of the Bill, its opponents have been louder. Many of those who oppose the Bill say the question is not one of being loud or feeble, but about being naïve or not.

The likes of Sunil Abraham, executive director of Bangalore-based internet research organisation Centre for Internet and Society (CIS), have no argument against DNA profiling being the gold standard for all forensic investigations. “There is nothing wrong with using DNA evidence for forensic purposes,” says Abraham, “However, the draft Bill is filled with techno-utopianism; it assumes that the people and machines that leverage DNA technologies are infallible.” He goes on, “This is not true. It is easier to tamper with DNA evidence than it is to tamper with a video recording. Therefore, all we are asking for are process checks that prevent compromised persons and machines from using DNA evidence to convict or exonerate the wrong person.” His contention is that if the DNA sample is sent to two different labs and both labs come back with exactly the same result, then the courts can be convinced of the veracity of the result. “Also the Bill says that DNA labs will give courts ‘yes’ or ‘no’ answers to questions related to DNA matching. But ideally, the lab must give the exact match percentage along with all the detailed information that emerges from the match process so that the court can fully appreciate the significance of the DNA evidence,” he suggests.

Abraham and legal scholar Usha Ramanathan—both members of the expert panel who filed notes of dissent and disagreed with various aspects of the Bill—have a problem with the claim that the proposed DNA data bank will cover only criminals and not the general public. Points out Ramanathan: “The Bill does not restrict the data base to criminals alone, not by a long shot. The provision in the proposed Bill reads: ‘(Clause 31(4)) Every DNA Data Bank shall maintain following indices for various categories of data, namely: (a) a crime scene index; (b) a suspects’ index; (c) an offenders’ index; (d) a missing persons’ index; (e) unknown deceased persons’ index; (f) a volunteers’ index; and (g) such other DNA indices as may be specified by regulations.’ That is an elaborate set of indices. There is certainly a lot of the ‘general public’ in it.”

Supporters of the DNA Profiling Bill have maintained that a DNA data bank is not for the public but only for a limited category of individuals. The proposed law also provides for storing profiles with the consent of relatives of missing children and grownups so that relationship identities can be established.

Ramanathan is also worried that apart from purposes of criminal justice, DNA profiling may be extended to parental disputes (maternity or paternity), issues related to pedigree, those related to assisted reproductive technologies (surrogacy, in vitro fertilisation or IVF, intrauterine implantation or IUI, and so on), to transplantation of human organs (donor and recipient) under the Transplantation of Human Organs Act, 1994, and also related to immigration or emigration. She had objected to the requirement of revealing a person’s caste in the application form for offering blood samples. “This Bill is certainly not a convict data base. The ambitions are much much vaster, and little to do with crime control,” she alleges.

Abraham agrees that some safeguards have been built in the proposed law to prevent any misuse of DNA data under pressure from expert panel members such as him. However, he says, cyber security and privacy-related issues are not addressed in a comprehensive manner. “The Bill basically hopes that the Privacy Bill will address all of this when it becomes law. But unfortunately, a bill could take 7-10 years before it becomes law,” he says.

Dr Gowrishankar of CDFD and others have conceded that it was the decision of the expert panel to include an enabling provision for the privacy issues of DNA profiling to comply with the proposed Privacy Bill.

Abraham says that various measures to prevent ‘privacy harms’ to volunteers are missing in the latest draft of the Bill. “Given that biometric technology works on probabilistic matching, the larger the size of the database, the larger the incidence of mistaken identification. Therefore it is important that the database remain as small as necessary,” he asserts.

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The estimated cost of the Bill is Rs 20 crore—to create the infrastructure for the DNA Profiling Board and the data bank, which includes buildings, furniture, computer servers and so on. Among other things, the DNA Profiling Board is tasked with the responsibility of laying down and implementing standards for laboratories and proper protocols for ‘Data Bank’ operations.

CDFD scientists and government officials are keen to highlight the ‘under- hyped’ benefits of DNA profiling –similar to the Innocence Project in the US, which was aimed at securing the release of people who were erroneously convicted on the basis of other lines of evidence. Abraham has no patience for such comparisons. “DNA profiling for forensic purposes is very advanced and sophisticated, but technologies do not exist in a vacuum,” he says, “These advanced technologies have to work within traditional institutions with vulnerabilities and flaws. We need to, therefore, have non-technological procedural fixes that ensure that these technologies are not compromised by money and power. The choice is between the right to privacy and the rights and requirements of the criminal justice process.”

Ramanathan agrees with that view. “In the Indian context, the state of investigation is so poor that we have been looking for ways of circumventing our problems, not addressing them. That is how narco-analysis began to be used, till the court struck it down. DNA may be more reliable than most other scientific tools available to us today, but it is not all about the science. We also have to worry about contamination, what happens in the chain of custody, its potential for being planted or otherwise abused, and the errors even in the laboratory. You may remember the avowed mix-up of results in the Aarushi [Talwar murder] case, something the lab said they noticed over two years after they had given it to the investigators. The danger of treating DNA as conclusive and not needing corroboration is exacerbated in this kind of a vulnerable system. Which is why bringing this into a DNA data base law and not putting any checks on criminal procedure is less than wise,” she elaborates. She is least impressed with the ‘idea’ of ‘pedigree’ and of ‘population genetics’ in the Bill. “Institutions like the CDFD have been collecting DNA from suspects and asking for the caste of the person on the form. How does this seem innocent and safeguarded?” she asks.

Meanwhile, columnist and author Salil Tripathi says that it is sheer hubris to think that technology will provide all the answers to crime-fighting. “Tech- nology is enormously useful and powerful, but it is value-neutral; it can be used for good or bad ends… There have to be sufficient safeguards, overseen not only by technologists, law enforcement officers and bureaucrats, but also by lawyers and civil liberties experts, who can point out potential flaws and misuse and prevent those.”

Tripathi, too, is piqued that one of the markers sought is of caste. “Why?” he asks, emphatic that the country’s people should be concerned about allowing the state so much power over their lives. “And it may not be only the state; given that the scope of its future expansion is undefined, what guarantees are there that private actors won’t have access to the data, and if so, what security protocols would apply?”

Dr Gowrishankar and Dr Nandineni are right in saying that without DNA fingerprinting, many international criminals would still be at liberty, and the opponents of the Bill do not disagree with the efficacy of the technique developed by Sir Jeffreys. Instead, they are placing the spotlight on various objectionable aspects in the proposed law. In a country which first needs—according to former RAW chief Vikram Sood—to ensure access to Photofit (a technique to create an accurate image of a person that gels with a witness’ description) for its ground-level police operatives to combat crime, critics of the Bill seem to have won the war of words.

For more details visit http://editors.cis-india.org/internet-governance/news/open-magazine-august-7-2015-ullekh-np-genetic-profiling

Competition Commission of India chairman's participation in Assocham conference raises conflict of interests

praskrishna — 2015-09-19T15:33:11Z

The chairperson of the Competition Commission of India (CCI) and three of the six commission members are participating in a conference organised by Assocham and sponsored by private companies like Ericsson, trade associations and two legal firms specialising in intellectual property cases.

The article by Rema Nagarajan was published in the Times of India on August 6, 2015.

This, civil society organisations argue, raises issues of conflict of interest in a quasi-judicial body like CCI participating in a conference organised by private parties that have cases before the commission.

For instance, the event partner Ericsson is facing CCI investigations on matters related to standard essential patents (SEPs), one of the conference topics, and issues related to licensing of technologies on fair and equitable terms. The vice president and head of the legal section of Ericsson also has a speaking slot in the inaugural event. The brochure clearly states that the event partner on payment of Rs 5 lakh gets several privileges including a speaker's slot in the inaugural and business sections.

Several civil society organisations including Alternative Law Forum, Centre for Internet and Society and IT for Change from Bangalore, Knowledge Commons Collective, National Working Group on Patent Laws, and Software Freedom Law Centre from Delhi have written to the CCI protesting against its participation in the conference.

In their letter to CCI chairperson Ashok Chawla, they pointed out that the day-long conference titled Interface between Intellectual property (IP) and Competition Law, being held in a five star hotel on August 7, was focusing on issues being adjudicated by CCI. While Chawla is listed in the brochure as giving the inaugural address, CCI members GP Mittal and MS Sahoo are chairing two technical sessions and a third member SL Bunker is giving a special address at the valedictory function.

Other speakers include Rajiv Aggarwal, Controller General of Patents, Designs and Trademarks, representatives of Google, Intel, Microsoft, the UK IP Office, senior advocates from three Indian law firms specialising in IP and representatives of international law firms and consultancy firms.

"It is a well-set precedent that judicial and quasi-judicial bodies never directly or indirectly discuss matters pending before them. The conference is centred on discussing issues that are currently under the investigation of CCI along with commercial entities, including one which is facing the investigation," stated the letter adding that all the judicial or quasi-judicial bodies were expected to avoid not only actual conflict of interest but also perceived conflict of interest.

The civil society signatories pointed out that the event was not an academic event but a commercial one organised by a chamber of commerce along with the industry with clear commercial objectives. "The participation of CCI in the event would compromise the credibility and independence of CCI. Therefore, CCI as a guardian of public interest should not be subject to the lobbying efforts of IP owners. Providing privileged access to lobbying efforts of private enterprises like Ericsson, Qualcomm, Microsoft and Intel would cast a dark shadow on the neutrality of CCI," stated the letter requesting Chawla not to participate in the conference and to direct CCI members and CCI staff involved in investigations to avoid participation.

For more details visit http://editors.cis-india.org/a2k/news/times-of-india-rema-nagarajan-august-6-2015-competition-commission-of-india-chairman-participation-in-assocham-conference-raises-conflict-of-interests

Telugu Wiki Edit-a-thon in ALC

praskrishna — 2016-06-18T18:12:06Z

The Centre for Internet & Society's Access to Knowledge team along with Telugu Wikipedia had conducted an edit-a-thon at Andhra Loyola College on August 6, 2015. Eenadu published a report on the edit-a-thon.

For more details visit http://editors.cis-india.org/openness/news/telugu-wiki-editathon-alc

Assocham event sparks row over conflict of interest by CCI

praskrishna — 2015-09-19T16:34:07Z

CCI Chairman Ashok Chawla is the key speaker of the conference, organised by industry chamber Assocham with Ericsson being the event partner.

The article by Dilasha Seth and Deepak Patel was published in Business Standard on August 6, 2015.

An upcoming conference on intellectual property has triggered a controversy, as a section of the civil society has urged the Competition Commission of India (CCI) not to participate in the event, sponsored by Swedish multinational Ericsson, alleging it would be a conflict of interest since the watchdog is investigating cases against the telecom company on the very same issues that will be discussed in the function.

CCI Chairman Ashok Chawla is the key speaker of the conference, organised by industry chamber Assocham with Ericsson being the event partner. The conference scheduled for Friday also has three CCI members as participants, according to the event brochure.

In a letter, signed by six civil society organisations, argued that the participation of CCI in any form in a conference organised with the financial support of Ericsson would question the integrity and independence of CCI.

On the issue, Chawla said, "I am not aware of the point raised. (I) will see and take a position."

"The participation of CCI at this conference raises serious concerns of conflict of interest. Further, CCI's sharing of platforms with private actors would compromise the credibility and independence of CCI," said the letter sent to Chawla and also marked to Prime Minister Narendra Modi, the Chief Justice of India and several other ministries.

Ericsson is currently facing three CCI investigations on matters related to Standard Essential Patents and licensing of technologies on fair and equitable terms.

"Ericsson is not only an event partner but also giving a speech at the inaugural session," says the content of the letter. "We understand that the focus of the event is on two issues viz. Standard Essential Patents (SEPs) and the competition aspects of licensing agreements," the group has argued.

A CCI member on the condition of anonymity said, "As per the competition Act, 2002, it is our responsibility to raise awareness regarding competition issues. At such forums, the discussions which happen are of conceptual level only. No specific cases are ever discussed." "We have not got the letter as yet. We will take a decision as soon as we receive it," he added.

Unless there is an interaction, how can there be awareness about these issues faced by the country, asked Assocham.

D S Rawat, the chamber secretary general, said, "This is not the first time that Assocham is organising a function on the very same subject. It has in the past organised six-seven such functions, where CCI had participated."

CCI will give its view points and others including Ericsson will also give their view points, which will not have an impact on the watchdog's decisions on specific cases, he said.

"There will always be these disgruntled people who instead of contributing positively to the society, take negative stance," he added.

When contacted, an Ericsson spokesperson declined to comment on the issue.

Alternative Law Forum (Bengaluru), Centre for Internet and Society (Bengaluru), IT for Change (Bengaluru), Knowledge Commons Collective (New Delhi), National Working Group on Patent Laws (New Delhi) and Software Freedom Law Centre (New Delhi) are the six non-governmental organisations who have collectively raised the issue.

The letter argued that all the judicial or quasi judicial bodies are expected to avoid not only actual conflict of interest but also the perceived conflict of interest.

"As you know, the conflict of interest arises when there is an actual or perceived threat of the primary interest of the organisation (CCI) being influenced by the interest of another organisation/s (Ericsson)," it said.

It also pointed out that the issue of SEPs and licensing practices was an important public interest issue and the restrictive conditions and barriers to access SEPs would affect the technological and industrial development of India. Further, it would affect the consumers by creating economic barriers to access the benefits of communication technology equipment such as mobile phones.

For more details visit http://editors.cis-india.org/a2k/news/business-standard-august-6-2015-dilasha-seth-and-deepak-patel-assocham-event-sparks-row-over-conflict-of-interest-by-cci

Telugu Wikipedia Edit-a-thon at ALC

praskrishna — 2016-06-18T18:11:50Z

The Centre for Internet & Society's Access to Knowledge team conducted an edit-a-thon at Andhra Loyola College on August 6, 2015. Eenadu published a report.

For more details visit http://editors.cis-india.org/openness/news/telugu-wiki-edit-a-thon-at-alc

Nanny state rules porn bad for you

praskrishna — 2015-08-05T01:39:28Z

The article by Anahita Mukherji was published in the Times of India on August 4, 2015. Pranesh Prakash gave his inputs.

Half a century ago, India banned the DH Lawrence classic, Lady Chatterley's Lover. The ban, though lambasted for its Victorian view of modesty and obscenity, was fair and square; the matter was debated in the Supreme Court, which upheld the ban. Over 50 years later, a diverse spectrum of civil society has slammed a much more insidious and far less transparent ban on internet pornography.

For starters, the 857 sites that vanished from India's internet sphere haven't been officially banned, they just don't show up when you type the url. The order blocking them isn't public. For a list of the 857 sites, one must rely on leaked documents put out on Twitter by Pranesh Prakash, policy director, Centre for Internet and Society. "The ban on Lady Chatterley's Lover was public. As for the blocked websites, the government has gone out of its way to hide the list of sites pulled down. A secret order banning material violates all principles of transparency in a democracy," says Prakash.

The document, with 'Restricted' written on it, is a letter from the department of telecom asking ISPs to disable 857 sites as they bear content related to "morality" and "decency," violating Article 19 (2).

Strangely, the order's been issued under Sec 79 (3)(b) of the IT Act dealing with intermediaries having to remove material used to commit unlawful acts. "Watching porn isn't illegal in India. Disseminating 'obscene' content can be illegal, but for that, the government must file a case against the sites, and they must be allowed a representation," says Prakash.

"Sec 79 (3)(b) of the IT act isn't the section under which governments can block sites. It should use Sec 69 that has a review process," says Nikhil Pahwa, a champion of internet freedom.

The government drew up its list of 857 sites even as SC is in the process of hearing a petition to ban porn and is yet to pass an order. It includes playboy.com that, says Prakash, is a legitimate adult site. Pahwa points to the ban's "bizarrely moralistic undertones".

"As society evolves, government and regulatory regime are stuck in medieval ages," he says, adding a ban on websites will be rendered ineffective, pushing users to VPNs, a black hole for government monitoring mechanisms.

"A government that hasn't succeeded with Make in India is trying to prevent Make out in India," says venture capitalist Mahesh Murthy, who earlier backed net neutrality.

"The government is blocking websites to keep Rightwing lunatic fringes happy after its unsuccessful bid to pass the land bill," says Murthy.

"It isn't merely looking at blocking porn, but is trying to bring back Sec 66A (IT Act), ruled unconstitutional by the SC," he adds. "It's part of the bid to restrict individual freedom, create an artificial separation between Indian culture and anything erotic, driven by a diktat from Hindutva forces. It's ironic as Modi came to power as someone looking to activate individual agency. Now he's wary about where that leads to," says Subir Sinha, professor at the School of Oriental and African Studies (London). Murthy and Sinha believe the issue stems from a refusal to accept Indian culture in totality. "Victorian morality is considered Hindu, Khajuraho isn't," says Murthy.

"The government seems to be acting in a more high-handed manner than previous ones. The press and public opinion should wake up to this," says sociologist Andre Beteille.

For more details visit http://editors.cis-india.org/internet-governance/news/the-times-of-india-august-4-2015-anahita-mukherji-nanny-state-rules-porn-bad-for-you

Expert Committee Meetings

praskrishna — 2015-08-04T01:56:01Z

In 2013 the Department of Biotechnology set up an Expert Committee to discuss the Human DNA Profiling Bill. The Expert Committee met four times with an additional meeting by a sub-committee set up by the Expert Committee. The Centre for Internet and Society was a member of the Committee. The zip file contains: Record Note of discussions of the Experts Committee Meeting held on 31st January 2013 at DBT, New Delhi, to discuss the potential privacy concerns on draft Human DNA Profiling Bill; Record Note of the 2nd discussion meeting of the Expert Committee held on 13th May 2013 in DBT to discuss the draft Human DNA Profiling Bill; Minutes of the 3rd meeting of the Expert Committee held on 25th November 2013 in DBT to discuss the draft Human DNA Profiling Bill; Minutes of the 4th meeting of the Expert Committee held on 10th November 2014 in DBT to discuss and finalize the draft Human DNA Profiling Bill; Record Note of discussions of the Experts Sub-Committee Meeting on Human DNA Profiling Bill held on 3rd September 2013 at CDFD, Hyderabad

For more details visit http://editors.cis-india.org/internet-governance/blog/expert-committee-meetings.zip

July 2015 Bulletin

praskrishna — 2015-11-21T16:23:52Z

Our newsletter for the month of July is below:

We are happy to share with you the seventh issue of the Centre for Internet and Society (CIS) newsletter (July 2015). The past editions of the newsletter can be accessed at http://cis-india.org/about/newsletters.

Highlights

NVDA team conducted a training at SIES College, Sion, Mumbai. Thirty-four delegates attended the training programme. A training workshop was held at Anne Jane Askwith Higher Secondary School for the Visually Impaired, Palayamkottai, Tirunelveli by NVDA team. Sixteen delegates participated in this. Konkani Wikipedia is the second Wikimedia project after Odia Wikisource that has gone live out of incubation. The project stayed in the incubation for nine long years and the community has gone through a long debate to have a Wikipedia of their own. Subhashish Panigrahi has blogged on this highlighting the three Konkani Wikimedians. The 30^th Session of the WIPO Standing Committee on Copyrights and Related Rights was held in Geneva from June 29 to July 3. Nehaa Chaudhari prepared a statement about the negotiations on the Proposed Treaty for Broadcasting Organisations. Sumandro Chattapadhyay wrote an article in the Hindustan Times about India’s “Digital India” initiative to develop communication infrastructure, government information systems, and general capacity to digitise public life in India. CIS published the first draft of its analysis on technology business incubators ("TBI") in India. The report prepared by Sunil Abraham, Vidushi Marda, Udbhav Tiwari and Anumeha Karnatak looks at operating procedures, success stories and lessons that can be learnt from TBIs in India. Pranesh Prakash did a brief analysis about the Department of Telecommunications Panel Report on Net Neutrality. CIS has participated in the Expert Committee for DNA Profiling constituted by the Department of Biotechnology in 2012 for the purpose of deliberating on and finalizing the draft Human DNA Profiling Bill and appreciates this opportunity. CIS has prepared a dissent note to the Expert Committee on DNA Profiling. In the last few decades, all major common law jurisdictions have decriminalised non-procreative sex – oral and anal sex (sodomy) – to allow private, consensual, and non-commercial homosexual intercourse. Bhairav Acharya brought out the developments from across the world in a blog entry. As part of its project on mapping cyber security actors in South Asia and South East Asia, CIS conducted interviews with a Tibetan security researcher and information activist and Shantanu Ghosh, Managing Director, Symantec Product Operations, India. CIS, the Observer Research Foundation, the Internet Policy Observatory, the Centre for Global Communication Studies and the Annenberg School for Communication, University of Pennsylvania had organized a conference in April in New Delhi. The findings have been condensed in a report titled “Effective research, policy formulation, and the development of regulatory frameworks in South Asia”. Pranesh Prakash in a research paper titled Regulatory Perspectives on Net Neutrality gives an overview on why India needs to put in place net neutrality regulations, and the form that those regulations must take to avoid being over-regulation. Rakshanda Deka undertook an analysis on the anti-spam laws in different jurisdictions. This analysis is a part of a larger attempt at formulating a model anti-spam law for India by analysing the existing spam laws across the world. As part of the 'Studying Internets in India' series, RAW has published blog entries on WhatsApp and the Creation of a Transnational Sociality; Users and the Internet; Effective Activism: The Internet, Social Media, and Hierarchical Activism in New Delhi; Studying the Internet Discourse in India through the Prism of Human Rights; and 'Originality,' 'Authenticity,' and 'Experimentation': Understanding Tagore’s Music on YouTube. The National Optic Fibre Network, a part of the Government's Digital India Initiative, has been in the news since the recent Expert Committee Report. Aditya Garg in a blog entry examined the accountability of the funding of the project.

Accessibility and Inclusion

Under a grant from the Hans Foundation we are doing two projects. The first project is on creating a national resource kit of state-wise laws, policies and programmes on issues relating to persons with disabilities in India. CIS in partnership with CLPR (Centre for Law and Policy Research) compiled the National Compendium of Policies, Programmes and Schemes for Persons with Disabilities (29 states and 6 union territories). The publication has been finalised and is being printed. The draft chapters and the quarterly reports can be accessed on the project page. The second project is on developing text-to-speech software for 15 Indian languages. The progress made so far in the project can be accessed here.

NVDA and eSpeak

Monthly Updates

July 2015 Report (Suman Dogra; July 31, 2015).

Event Reports

The training programmes were held in June and the reports were published in July:

Tamil Computing with NVDA Training Workshop (Organized by NVDA team: Anne Jane Ask with Higher Secondary School for the Visually Impaired, Palayamkottai, Tirunelveli; June 3 – 7, 2015).
Training in eSpeak Marathi (Organized by NVDA team; SIES College, Sion, Mumbai; June 28, 2015).

Access to Knowledge

As part of the Access to Knowledge programme we are doing two projects. The first one (Pervasive Technologies) under a grant from the International Development Research Centre (IDRC) is for research on the complex interplay between pervasive technologies and intellectual property to support intellectual property norms that encourage the proliferation and development of such technologies as a social good. The second one (Wikipedia) 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.

Submission / Comment

Statement by the Centre for Internet and Society on the Broadcast Treaty at SCCR 30 (Nehaa Chaudhari; July 2, 2015).

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).

Blog Entries

Reading Devanagari Script based sites like Konkani Wikipedia in Kannada Script (Dr. U.B. Pavanaja; July 13, 2015).
Konkani Wikipedia Goes Live After 'Nine Years' of Incubation (Subhashish Panigrahi; July 18, 2015).

Events Co-organized

Christ University Undergraduate Programme (Organized by CIS-A2K; Bangalore; July 1 - 8, 2015). Students were initiated into the Wikimedia activities with hands on sessions of typing on Wikisource. Faculty of the Christ University helped the A2K team in deciding on the texts that were to be typed. These texts will provide much needed impetus for Wikisource related activities in Indian Languages. Wikipedia Education Programme at Christ University received support from Ravishankar.A of the Tamil Wikimedia community and Sayant Mahato from Sanskrit Wikimedia community.
Aloysius College (Organized by CIS-A2K; Mangalore; July 1 – 4, 2015). Tulu and Kannada Wikipedia workshops were conducted in St. Aloysis College, Mangalore. Tulu Wikipedia is in Incubator and a small community is growing in Mangalore. Pavanaja U.B. and Rahmanuddin Shaik participated in this events.
Media Wiki Train the Trainer Program (Organized by CIS-A2K; Bangalore; June 24 – 27, 2015): A four-day long train-the-trainer program aimed at building leadership among technical contributors to Indic language Wikimedians in the areas of bugs, bots--Pywikipedia and Auto Wiki Browser, various MediaWiki tools, and translations. Ravishankar A. from Wikimedia India, MediaWiki developers Pavithra H., Yogesh Omshivaprakash H.L. and Harsh Kothari, and Tamil Wikimedian Dineshkumar Ponnusamy provided support for the event.

Participation in Events

Wikimania 2015 (Organized by Wikimedia Foundation; Mexico City; July 15 - 19, 2015): A whole day was dedicated for evaluation of strategies and activities by various major stakeholders of the Wikimedia movement. Community members who lead major activities, Wikimedia chapters, affiliate organizations and Wikimedia Foundation itself took part in the discussions. There were several group activities, exchange of ideas focused on project and community level outreach and other activities, tools and techniques, and best practices. Subhashish Panigrahi participated in this event and gave a talk on How to do Guerrilla GLAM. Subhashish Panigrahi was a panelist along with Rohini Lakshané in the session “Edit-a-thons for Bridging the Gender Gap on Wikimedia: A Panel Discussion”. An Indic Meet-up was also organized. Wikimedians from India, Bangladesh and Nepal representing various language communities, Wikimedia India, Wikimedia Bangladesh, Wikimedia Nepal, and Access to Knowledge (CIS-A2K) gathered to discuss about various challenges, cross-community collaborative projects, organizing larger events, and strategies to grow the Wikimedia movement in South Asia.
Classical Languages in the Digital Era Conference (Organized by Central Institute of Indian Languages, Mysore; July 17, 2015) Tanveer Hasan participated in this conference aimed at discussing about the future of Indian classical languages in the digital era.

Media Coverage

Not many contributors for Kannada-centric Wiki page (The Times of India, July 5, 2015)
Upload More Kannada Articles on Wikipedia (Indian Express, July 5, 2015)
Kannada Wikipedia Workshop in Mangaluru (Udayavani; July 5, 2015)
Kannada Wikipedia Workshop in Mangaluru (Prajavani; July 5, 2015)

Staff Movement

Tito Dutta, Luis Gomes and Abhinav Garule have joined the CIS-A2K team as Programme Associates from March this year. Tito is working for internal documentation and resource building, and Luis and Abhinav are implementing the Konkani and Marathi work plan respectively along with community liaison.

Internet Governance

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 International Development Research Centre (IDRC)) is on surveillance and freedom of expression (SAFEGUARDS). The second one (under a grant from MacArthur Foundation) is on studying the restrictions placed on freedom of expression online by the Indian government.

Free Speech and Expression

Blog Entries

Regulatory Perspectives on Net Neutrality (Pranesh Prakash; July 8, 2015). Vidushi Marda and Tarun Krishnakumar assisted Pranesh Prakash in this.
Free Speech Policy in India: Community, Custom, Censorship, and the Future of Internet Regulation (Bhairav Acharya; July 13, 2015).
Net Neutrality and the Law of Common Carriage (Bhairav Acharya; July 14, 2015).
Freedom of Expression in a Digital Age (Geetha Hariharan and Jyoti Panday; July 14, 2015). CIS, the Observer Research Foundation, the Internet Policy Observatory, the Centre for Global Communication Studies and the Annenberg School for Communication, University of Pennsylvania organized this conference on April 21, 2015 in New Delhi. Elonnai Hickok edited the report.
Clearing Misconceptions: What the DoT Panel Report on Net Neutrality Says (and Doesn't) (Pranesh Prakash; July 21, 2015).
Role of Intermediaries in Countering Online Abuse (Jyoti Panday; July 31, 2015). This got published as two blog entries in the NALSAR Law Tech Blog. Part 1 can be accessed here and Part 2 here.

Event Co-organized

A Public Discussion on Criminal Defamation in India (Organized by CIS, the Network of Women in Media, India; and Media Watch; Bangalore; July 29, 2015). The event was a public discussion about the continued criminalisation of defamation in India.

Participation in Event

Roundtable discussion on WHOIS (Organized by Department of Electronics & Information Technology (DeitY), Govt. of India; July 28, 2015; New Delhi). Sunil Abraham and Vidushi Marda participated in the discussion remotely. Aditya Garg attended in person.

Privacy

Blog Entries

Anti-Spam Laws in Different Jurisdictions: A Comparative Analysis (Rakshanda Deka; July 2, 2015).
A Dissent Note to the Expert Committee for DNA Profiling (Elonnai Hickok; July 17, 2015). Click for DNA Bill Functions, DNA List of Offences, and CIS Note on DNA Bill. A modified version was published by Citizen Matters Bangalore on July 28.
Privacy, Autonomy, and Sexual Choice: The Common Law Recognition of Homosexuality (Bhairav Acharya; July 18, 2015).
Aadhaar Number vs the Social Security Number (Elonnai Hickok; July 21, 2015).

Participation in Event

7th Best Practices Meet 2015 (Organized by Data Security Council of India; Bangalore; July 9 – 10, 2015). Sunil Abraham was a panelist in the session "Architecting Security for transformation to Digital India". Elonnai Hickok was a panelist in the session "Steering privacy in the age of extreme innovation technology & business models."

Cyber Security

Videos

Cyber Security Series Part 23 (Purba Sarkar; July 13, 2015). CIS interviews a Tibetan security researcher and information activist.
Cyber Security Series Part 24 (Purba Sarkar; July 15, 2015). CIS interviews Shantanu Ghosh, Managing Director, Symantec Product Operations, India, as part of the Cybersecurity Series.

Miscellaneous

Article

Iron out contradictions in the Digital India programme (Sumandro Chattapadhyay; Hindustan Times; July 28, 2015).

Research Paper

First draft of Technology Business Incubators: An Indian Perspective and Implementation Guidance Report (Sunil Abraham, Vidushi Marda, Udbhav Tiwari and Anumeha Karnatak; July 25, 2015).

Telecom

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:

Op-ed

The Centrality of Cash Flows (Shyam Ponappa; Business Standard; July 1, 2015 and Organizing India Blogspot; July 2, 2015).

Blog Entry

Funding of National Optic Fibre Network (NOFN) - Who's Accountable? (Aditya Garg; July 17, 2015).

Researchers at Work

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

Blog Entries

WhatsApp and the Creation of a Transnational Sociality (Maitrayee Deka; July 1, 2015).
Users and the Internet (Purbasha Auddy; July 10, 2015).
Effective Activism: The Internet, Social Media, and Hierarchical Activism in New Delhi (Sarah McKeever; July 16, 2015).
Studying the Internet Discourse in India through the Prism of Human Rights (Deva Prasad M.; July 22, 2015).
'Originality,' 'Authenticity,' and 'Experimentation': Understanding Tagore’s Music on YouTube) (Ipsita Sengupta; July 27, 2015).

News & Media Coverage

CIS gave its inputs to the following media coverage:

'IRCTC’s Aadhaar play can violate SC order and derail National Security' (Shubhra Rishi; CIO.IN; July 1, 2015).
The Digital Divide: pros and cons of Modi's latest big initiative (Suhas Munshi; July 2, 2015).
Corporate push to Modi’s Rs.4.5-billion digital dream (Rakesh Kumar; The Statesman; July 13, 2015).
Criminal Defamation: The Urgent Cause That has United Rahul Gandhi, Arvind Kejriwal and Subramanian Swamy (Betwa Sharma; Huffington Post; July 15, 2015).
Five Nations, One Future? (Bjorn Ludtke, Ellen Lee, Jaideep Sen, Gwendolyn Ledger, David Nicholson, and Jesko Johannsen; Voestalpine; July 18, 2015).
The scariest bill in Parliament is getting no attention – here’s what you need to know about it (Nayantara Narayanan; Scroll.in; July 24, 2015)
Regulation, misuse concerns still dog DNA profiling bill (Nikita Mehta; Livemint; July 29, 2015)

About CIS

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 mediation and reconfiguration of social and cultural processes and structures by the internet and digital media technologies.

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Access to Knowledge - E-Mail: a2k@cis-india.org
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► Support Us

Please help us defend consumer / 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, Access to Knowledge, 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/july-2015-bulletin

Regulation, misuse concerns still dog DNA profiling bill

praskrishna — 2015-09-13T08:32:48Z

Experts fear such data could be used for non-forensic purposes and are concerned about the vast powers to be vested in proposed DNA profiling board.

The article by Nikita Mehta was published in Livemint on July 29, 2015. Sunil Abraham gave his inputs.

A bill aimed at creating a DNA database of offenders, slated for introduction in the monsoon session of Parliament, has been criticized by experts who fear that such information could be used for non-forensic purposes and are concerned about the vast powers sought to vested in a proposed DNA profiling board.

Despite changes made by the Department of Biotechnology, the final draft of the Human DNA Profiling Bill 2015 has drawn flak from the Centre for Internet and Society (CIS), a non-profit group that works on policy issues.

The bill seeks Parliament’s approval for plans to create a DNA bank of various offenders in order to prevent repeat offences and to regulate the process by defining infrastructure, training, qualifications, facilities and legalities.

The government says that conducting DNA analysis involves working with sensitive information which, if misused, can cause harm to a person or to society. There is, thus, a need to restrict the use of DNA profiles through an Act of Parliament only for lawful purposes of establishing someone’s identity in a criminal or civil case and for other specified purposes.

The bill seeks to establish standards for laboratories, staff qualifications, training, proficiency testing, collection of body substances, custody trail from collection to reporting and a data bank with policies of use and access to information, its retention and deletion.

The offences for which the database can be maintained range from criminal and civil offences to paternity disputes.

“We need this bill because there are so many unresolved cases. A judge can use this data as material evidence and speedy justice can be served,” said M.K. Bhan, former secretary of the department of biotechnology. “Tremendous amount of effort has been taken to consult all possible parties and the bill has been drafted and redrafted over the years,” Bhan added.

In its note of dissent, CIS raised objections about DNA profiling and DNA samples being used for identifying victims of accidents or disasters, for missing persons and in civil disputes. It also objected to the creation and maintenance of a population statistics databank that is to be used, as prescribed, for the purposes of identification.

“One problem is accuracy. Unlike comparisons between digital signatures which can either have matches or no matches, biometric signatures will have a level of accuracy, so there can be a few false matches. Hence unnecessary widening of the data will reduce the accuracy of this system,” said Sunil Abraham, executive director at CIS.

CIS further noted that a DNA Profiling Board proposed by the bill will have vast powers, including those of authorizing procedures for DNA profiling for civil and criminal investigation, drawing up a list of instances for the application of human DNA profiling and undertaking any other activity which in the opinion of the Board advances the purposes of the Act. The DNA Profiling Board will consist of eminent scientists, administrators and law enforcement officers who will administer and carry out other functions assigned to it under the Act.

“Usually when regulators are created, the mandate is extremely clear. In this bill it is quite vague and there should not be so many things left to the discretionary powers of the board,” said Abraham who was part of the consultation process for the bill. He added that a number of changes have been introduced to the bill, including reduction of powers of the board, tighter definitions and more privacy safeguards.

“Any regulatory system requires external auditing, that should be taken into view. Another issue that was being looked at was that the forensic system should be outside police jurisdiction as they may have vested interests,” Bhan said.

The CIS note pointed out that although the bill refers to security and privacy procedures that labs are to follow, these have been left to be drawn up and implemented by the proposed DNA Board.

“This proposal has been doing the rounds for years and I can vouch for the scientific infallibility of using DNA profiling for carrying out justice. That being said, the bill does not provide verifiable or implementable safeguards for misuse of this data and lack of accountability of public servants can cause serious jeopardy to the privacy of citizens,” said K.P.C. Gandhi, a forensic scientist and founder chairman at Truth Labs, an independent forensic science laboratory.

For more details visit http://editors.cis-india.org/internet-governance/news/livemint-nikita-mehta-july-29-2015-regulation-misuse-concerns-still-dog-dna-profiling-bill

FINANCIAL STATEMENTS OF 2013-14.pdf

praskrishna — 2015-07-28T01:11:43Z

For more details visit http://editors.cis-india.org/internet-governance/blog/FINANCIAL%20STATEMENTS%20OF%202013-14.pdf

Decriminalising Defamation in India

praskrishna — 2015-07-27T14:14:40Z

For more details visit http://editors.cis-india.org/internet-governance/blog/decriminalising-defamation-in-india.pdf

Technology Business Incubators

praskrishna — 2015-07-25T15:41:53Z

For more details visit http://editors.cis-india.org/internet-governance/blog/technology-business-incubators.pdf

Five Nations, One Future

praskrishna — 2015-07-18T02:24:48Z

For more details visit http://editors.cis-india.org/internet-governance/blog/five-nations-one-future.pdf

7th Best Practices Meet 2015

praskrishna — 2015-07-17T13:11:20Z

Data Security Council of India (DSCI) organized the 7th edition of its Best Practices Meet (BPM) from July 9 - 10, 2015 at Hotel ITC Gardenia in Bengaluru. BPM2015 had “Architecting Security for Digital Transformation” as its theme. Sunil Abraham and Elonnai Hickok were speakers at this event.

The two-day deliberations, reflected on policy, endeavours at national and industry levels, proposed industry steps, market response, best practices, industry standards and technology designs and see how they play their roles in architecting of information systems and enterprise security within organizations. Sunil Abraham was a panelist in the session "Architecting Security for transformation to Digital India". Elonnai Hickok was a panelist in the session "Steering privacy in the age of extreme innovation technology & business models."

See the Agenda

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