The Centre for Internet and Society
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The Centre for Internet and Society’s comments and recommendations to the: The Digital Data Protection Bill 2022
http://editors.cis-india.org/internet-governance/blog/cis-comments-recommendations-to-digital-data-protection-bill
<b>The Centre for Internet & Society (CIS) published its comments and recommendations to the Digital Personal Data Protection Bill, 2022, on December 17, 2022.</b>
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<h1><span>High Level Comments</span></h1>
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<p class="MsoNormal"><b><span>1.<span> </span></span></b><b><span>Rationale for removing the distinction between personal data and sensitive personal data is unclear.</span></b></p>
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<p class="MsoNormal"><span>All the earlier iterations of the Bill as well as the rules made under Section 43A of the Information Technology Act, 2000<a href="#_ftn1" name="_ftnref1"><sup><sup><span>[1]</span></sup></sup></a> had classified data into two categories; (i) personal data; and (ii) sensitive personal data. The 2022 version of the Bill has removed this distinction and clubbed all personal data under one umbrella heading of personal data. The rationale for this is unclear, as sensitive personal data means such data which could reveal or be related to eminently private data such as financial data, health data, sexual orientations and biometric data. Considering the sensitive nature of the data, the data classified as sensitive personal data is accorded higher protection and safeguards from processing, therefore by clubbing all data as personal data, the higher protection such as the need for explicit consent to the processing of sensitive personal data, the bar on processing of sensitive personal data for employment purposes has also been removed. </span></p>
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<p class="MsoNormal"><b><span>2.<span> </span></span></b><b><span>No clear roadmap for the implementation of the Bill</span></b></p>
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<p class="MsoNormal"><span>The 2018 Bill had specified a roadmap for the different provisions of the Bill to come into effect from the date of the Act being notified.<a href="#_ftn2" name="_ftnref2"><sup><sup><span>[2]</span></sup></sup></a> It specifically stated the time period within which the Authority had to be established and the subsequent rules and regulations notified. </span></p>
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<p class="MsoNormal"><span>The present Bill does not specify any such blueprint; it does not provide any details on either when the Bill will be notified or the time period within which the Board shall be established and specific Rules and regulations notified. Considering that certain provisions have been deferred to Rules that have to be framed by the Central government, the absence and/or delayed notification of such rules and regulations will impact the effective functioning of the Bill. Provisions such as Section 10(1) which deals with verifiable parental consent for data of children, Section 13 (1) which states the manner in which a Data Principal can initiate a right to correction, the process of selection and functioning of consent manager under </span><span>3(7)</span><span> are few such examples, that when the Act becomes applicable, the data principal will have to wait for the Rules to Act of these provisions, or to get clarity on entities created by the Act. </span></p>
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<p class="MsoNormal"><span>The absence of any sunrise or sunset provision may disincentivise political or industrial will to support or enforce the provisions of the Bill. An example of such a lack of political will was the establishment of the Cyber Appellate Tribunal. The tribunal was established in 2006 to redress cyber fraud. However, it was virtually a defunct body from 2011 onwards when the last chairperson retired. It was eventually merged with the Telecom Dispute Settlement and Appellate Tribunal in 2017. </span></p>
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<p class="MsoNormal"><span>We recommend that Bill clearly lays out a time period for the implementation of the different provisions of the Bill, especially a time frame for the establishment of the Board. This is important to give full and effective effect to the right of privacy of the individual. It is also important to ensure that individuals have an effective mechanism to enforce the right and seek recourse in case of any breach of obligations by the data fiduciaries. </span></p>
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<p class="MsoNormal"><span>The Board must ensure that Data Principals and Fiduciaries have sufficient awareness of the provisions of this Bill before bringing the provisions for punishment into force. This will allow the Data Fiduciaries to align their practices with the provisions of this new legislation and the Board will also have time to define and determine certain provisions that the Bill has left the Board to define. Additionally enforcing penalties for offenses initially must be in a staggered process, combined with provisions such as warnings, in order to allow first time and mistaken offenders which now could include data principals as well, from paying a high price. This will relieve the fear of smaller companies and startups and individuals who might fear processing data for the fear of paying penalties for offenses.</span></p>
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<h3><a name="_kn12ecl3pdrp"></a><span>3.<span> </span></span><span>Independence of Data Protection Board of India.</span></h3>
<p class="MsoNormal"><span>The Bill proposes the creation of the Data Protection Board of India (Board) in place of the Data Protection Authority. In comparison with the powers of the Board with the 2018 and 2019 version of Personal Data Protection Bill, we witness an abrogation of powers of the Board to be created, in this Bill. Under Clause 19(2), the strength and composition of the Board, the process of selection, the terms and conditions of appointment and service, and the removal of its Chairperson and other Members shall be such as may be prescribed by the Union Government at a later stage. Further as per Clause 19(3), the Chief Executive of the Board will be appointed by the Union Government and the terms and conditions of her service will also be determined by the Union Government. The functions of the Board have also not been specified under the Bill, the Central Government may assign the functions to be performed by the Board.</span></p>
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<p class="MsoNormal"><span>In order to govern data protection effectively, there is a need for a responsive market regulator with a strong mandate, ability to act swiftly, and resources. The political nature of personal data also requires that the governance of data, particularly the rule-making and adjudicatory functions performed by the Board are independent of the Executive. </span></p>
<h1><a name="_n9jzjnvile8f"></a><span>Chapter Wise Comments and Recommendations </span></h1>
<h2><a name="_chp7y0vgrjqa"></a><span>CHAPTER I- PRELIMINARY</span></h2>
<p class="MsoNormal"><span><span> </span>●<span> </span></span><b><span>Definition:</span></b><span> While the Bill has added a few new definitions to the Bill including terms such as gains, loss, consent manager etc. there are a few key definitions that have been removed from the earlier versions of the Bill. The removal of certain definitions in the Bill, eg. sensitive personal data, health data, biometric data, transgender status, creating a legal uncertainty about the application of the Bill. </span></p>
<p class="MsoNormal"><span>With respect to the existing definitions as well the definition of the term ‘harm’ has been significantly reduced to remove harms such as surveillance from the ambit of harms. In addition, with respect of the definition of the term of harms also, the 2019 version of the Bill under Clause 2 (20) the definition provides a non exhaustive list of harms, by using the phrase “harms include”, however in the new definition the phrase has been altered to “harm”, in relation to a Data Principal, means”, thereby removing the possibility of more harms that are not apparent currently from being within the purview of the Act. We recommend that the definition of harms be made into a non-exhaustive list.<br /> <br /> </span></p>
<h2><a name="_nhwnuzprx0ir"></a><span>CHAPTER II - OBLIGATIONS OF DATA FIDUCIARY</span></h2>
<p class="MsoNormal"><b><span>Notice: </span></b><span>The revised Clause on notice does away with the comprehensive requirements which were laid out under Clause 7 of the PDP Bill 2019. The current clause does not mention in detail what the notice should contain, while stating that that the notice should be itemised. While it can be reasoned that the Data Fiduciary can find the contents of the notice throughout the bill, such as with the rights of the Data Principal, the removal of a detailed list could create uncertainty for Data Fiduciaries. By leaving the finer details of what a notice should contain, it could cause Data Fiduciaries from missing out key information from the list, which in turn provide incomplete information to the Data Principal. Even in terms of Data Fiduciaries they might not know if they are complying with the provisions of the bill, and could result in them invariably being penalised. In addition to this by requiring less work by the Data Fiduciary and processor, the burden falls on the Data Principal to make sure they know how their data is processed and collected. The purpose of this legislation is to create further rights for individuals and consumers, hence the Bill should strive to put the individual at the forefront.</span></p>
<p class="MsoNormal"><span>In addition to this Clause 6(3) of the Bill states <i>“The Data Fiduciary shall give the Data Principal the option to access the information referred to in sub-sections (1) and (2) in English or any language specified in the Eighth Schedule to the Constitution of India.”</i> While the inclusion of regional language notices is a welcome step, we suggest that the text be revised as follows <i>“The Data Fiduciary shall give the Data Principal the option to access the information referred to in sub-sections (1) and (2) in English<b> and in</b> any language specified in the Eighth Schedule to the Constitution of India.” </i>While the main crux of notice is to let the person know before giving consent, notice in a language that a person cannot read would not lead to meaningful consent.</span></p>
<p class="MsoNormal"><b><span>Consent <br /> <br /> </span></b><span>Clause 3 of the Bill states <i>“request for consent would have the contact details of a Data Protection Officer, where applicable, or of any other person authorised by the Data Fiduciary to respond to any communication from the Data Principal for the purpose of exercise of her rights under the provisions of this Act.” </i>Ideally this provision should be a part of the notice and should be mentioned in the above section. This is similar to Clause 7(1)(c) of the draft Personal Data Protetion Bill 2019 which requires the notice to state <i>“the identity and contact details of the data fiduciary and the contact details of the data protection officer, if applicable;”. </i></span></p>
<p class="MsoNormal"><b><span>Deemed Consent</span></b></p>
<p class="MsoNormal"><span>The Bill introduces a new type of consent that was absent in the earlier versions of the Bill. We are of the understanding that deemed consent is used to redefine non consensual processing of personal data. The use of the term deemed consent and the provisions under the section while more concise than the earlier versions could create more confusion for Data Principals and Fiduciaries alike. The definition and the examples do not shed light on one of the key issues with voluntary consent - the absence of notice. In addition to this the Bill is also silent on whether deemed consent can be withdrawn or if the data principal has the same rights as those that come from processing of data they have consented to. </span></p>
<p class="MsoNormal"><b><span>Personal Data Protection of Children </span></b></p>
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<p class="MsoNormal"><span>The age to determine whether a person has the ability to legally consent in the online world has been intertwined with the age of consent under the Indian Contract Act; i.e. 18 years. The Bill makes no distinction between a 5 year old and a 17 year old- both are treated in the same manner. It assumes the same level of maturity for all persons under the age of 18. It is pertinent to note that the law in the offline world does recognise that distinction and also acknowledges the changes in the level of maturity. As per Section 82 of the Indian Penal Code read with Section 83, any act by a child under the age of 12 shall not be considered as an offence. While the maturity of those aged between 12–18 years will be decided by court (individuals between the age of 16–18 years can also be tried as adults for heinous crimes). Similarly, child labour laws in the country allow children above the age of 14 years to work in non-hazardous industry</span></p>
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<p class="MsoNormal"><span>There is a need to evaluate and rethink the idea that children are passive consumers of the internet and hence the consent of the parent is enough. Additionally, the bracketing of all individuals under the age of 18 as children fails to look at how teenages and young people use the internet. This is more important looking at the 2019 data which suggests that two-thirds of India’s internet users are in the 12–29 years age group, with those in the 12–19 age group accounting for about 21.5% of the total internet usage in metro cities. Given that the pandemic has compelled students and schools to adopt and adapt to virtual schools, the reliance on the internet has become ubiquitous with education. Out of an estimated 504 million internet users, nearly one-third are aged under 19. As per the Annual Status on Education Report (ASER) 2020, more than one-third of all schoolchildren are pursuing digital education, either through online classes or recorded videos.</span></p>
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<p class="MsoNormal"><span>Instead of setting a blanket age for determining valid consent, we could look at alternative means to determine the appropriate age for children at different levels of maturity, similar to what had been developed by the U.K. Information Commissioner’s Office. The Age Appropriate Code prescribes 15 standards that online services need to follow. It broadly applies to online services "provided for remuneration"—including those supported by online advertising—that process the personal data of and are "likely to be accessed" by children under 18 years of age, even if those services are not targeted at children. This includes apps, search engines, social media platforms, online games and marketplaces, news or educational websites, content streaming services, online messaging services. </span></p>
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<p class="MsoNormal"><span>The reservation to definition of child under the Bill has also been expressed by some members of the JPC through their dissenting opinion. MP Ritesh Pandey stated that keeping in mind the best interest of the child the Bill should consider a child to be a person who is less than 14 years of age. This would ensure that young people could benefit from the advances in technology without parental consent and reduce the social barriers that young women face in accessing the internet. Similarly Manish Tiwari in his dissenting note also observed that the regulation of the processing of data of children should be based on the type of content or data. The JPC Report observed that the Bill does not require the data fiduciary to take fresh consent of the child, once the child has attained the age of majority, and it also does not give the child the option to withdraw their consent upon reaching the majority age. It therefore, made the following recommendations:</span></p>
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<p class="MsoNormal"><span>Registration of data fiduciaries, exclusively dealing with children’s data. Application of the Majority Act to a contract with a child. Obligation of Data fiduciary to inform a child to provide their consent, three months before such child attains majority Continuation of the services until the child opts out or gives a fresh consent, upon achieving majority. However, these recommendations have not been incorporated into the provisions of the Bill. In addition to this the Bill is silent on the status of non consensual processing and deemed consent with respect to the data of children.</span></p>
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<p class="MsoNormal"><span>We recommend that fiduciaries who have services targeted at children should be considered as significant Data Fiduciaries. In addition to this the Bill should also state that the guardians could approach the Data Protection Board on behalf of the child. With these obligations in place, the age of mandatory consent could be reduced and the data fiduciary could have an added responsibility of informing the children in the simplest manner how their data will be used. Such an approach places a responsibility on Data Fiduciaires when implementing services that will be used by children and allows the children to be aware of data processing, when they are interacting with technology.</span></p>
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<p class="MsoNormal"><b><span>Chapter III-RIGHTS AND DUTIES OF DATA PRINCIPAL</span></b></p>
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<p class="MsoNormal"><b><span>Rights of Data Principal</span></b></p>
<p class="MsoNormal"><span>Clause 12(3) of the Bill while providing the Data Principal the right to be informed of the identities of all the Data Fiduciaries with whom the personal data has been shared, also states that the data principal has the right to be informed of the categories of personal data shared. However the current version of the Bill provides only one category of data that is personal data. </span></p>
<p class="MsoNormal"><span>Clause 14 of the Bill talks about the Right of Grievance Redressal, and states that the Data Principal has the right to readily available means of registering a grievance, however the Bill does not provide in the Notice provisions the need to mention details of a grievance officer or a grievance redressal mechanism. It is only the additional obligations on significant data fiduciary that mentions the need for a Data Protection officer to be the contact for the grievance redressal mechanism under the provisions of this Bill. The Bill could ideally re-use the provisions of the IT Act SPDI Rules 2011 in which Section 5(7) states <i>“Body corporate shall address any discrepancies and grievances of their provider of the information with respect to processing of information in a time bound manner. For this purpose, the body corporate shall designate a Grievance Officer and publish his name and contact details on its website. The Grievance Officer shall redress the grievances or provider of information expeditiously but within one month ' from the date of receipt of grievance.”<br /> </i><br /> The above framing would not only bring clarity to the data fiduciaries on what process to follow for a grievance redressal, it also would reduce the significant burden of theBoard. </span></p>
<p class="MsoNormal"><b><span>Duties of Data Principals</span></b></p>
<p class="MsoNormal"><span>The Bill while entisting duties of the Data Principal states that the “Data Principal shall not register a false or frivolous grievance or complaint with a Data Fiduciary or the Board”, however it is very difficult for a Data Principal to and even for the Board to determine what constitutes a “frivolous grievance”. In addition to this the absence of a defined notice provision and the inclusion of deemed consent would mean that the Data Fiduciary could have more information about the matter than the Data Principal. This could mean that the fiduciary could prove that a claim was false or frivolous. Clause 21(12) states that “<i>At any stage after receipt of a complaint, if the Board determines that the complaint is devoid of merit, it may issue a warning or impose costs on the complainant.” </i>In addition to this Clause 25(1) states that “ <i>If the Board determines on conclusion of an inquiry that non- compliance by <b>a person </b>is significant, it may, after giving the person a reasonable opportunity of being heard, impose such financial penalty as specified in Schedule 1, not exceeding rupees five hundred crore in each instance.” </i>The use of the term “person” in this case includes data which could mean that they could be penalised under the provisions of the Bill, which could also include not complying with the duties.</span></p>
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<p class="MsoNormal"><b><span>CHAPTER IV- SPECIAL PROVISIONS</span></b></p>
<p class="MsoNormal"><b><span>Transfer of Personal Data outside India</span></b></p>
<p class="MsoNormal"><span>Clause 17 of the Bill has removed the requirement of data localisation which the 2018 and 2019 Bill required. Personal data can be transferred to countries that will be notified by the central government. There is no need for a copy of the data to be stored locally and no prohibition on transferring sensitive personal data and critical data. Though it is a welcome change that personal data can be transferred outside of India, we would highlight the concerns in permitting unrestricted access to and transfer of all types of data. Certain data such as defence and health data do require sectoral regulation and ringfencing of the transfer of data. </span></p>
<p class="MsoNormal"><b><span>Exemptions</span></b></p>
<p class="MsoNormal"><span>Clause 18 of the Bill has widened the scope of government exemptions. Blanket exemption has been given to the State under Clause 18(4) from deleting the personal data even when the purpose for which the data was collected is no longer served or when retention is no longer necessary. The requirement of <i>proportionality, reasonableness and fairness</i> have been removed for the Central Government to exempt any department or instrumentality from the ambit of the Bill.</span><span> </span><span>By doing away with the four pronged test, this provision is not in consonance with test laid down by the Supreme Court and are also incompatible with an effective privacy regulation. There is also no provision for either a prior judicial review of the order by a district judge as envisaged by the Justice Srikrishna Committee Report or post facto review by an oversight committee of the order as laid down under the Indian Telegraph Rules, 1951<a href="#_ftn3" name="_ftnref3"><sup><sup><span>[3]</span></sup></sup></a> and the rules framed under Information Technology Act<a href="#_ftn4" name="_ftnref4"><sup><sup><span>[4]</span></sup></sup></a>. The provision states that such processing of personal data shall be subject to the procedure, safeguard and oversight mechanisms that may be prescribed.</span></p>
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<p class="MsoNormal"><a href="#_ftnref1" name="_ftn1"><sup><span><sup><span>[1]</span></sup></span></sup></a><span> Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011</span><span>.</span></p>
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<p class="MsoNormal"><a href="#_ftnref2" name="_ftn2"><sup><span><sup><span>[2]</span></sup></span></sup></a><span> Clause 97 of the 2018 Bill states<i>“(1) For the purposes of this Chapter, the term ‘notified date’ refers to the date notified by the Central Government under sub-section (3) of section 1. (2)The notified date shall be any date within twelve months from the date of enactment of this Act. (3)The following provisions shall come into force on the notified date-(a) Chapter X; (b) Section 107; and (c) Section 108. (4)The Central Government shall, no later than three months from the notified date establish the Authority. (5)The Authority shall, no later than twelve months from the notified date notify the grounds of processing of personal data in respect of the activities listed in sub-section (2) of section 17. (6) The Authority shall no, later than twelve months from the date notified date issue codes of practice on the following matters-(a) notice under section 8; (b) data quality under section 9; (c) storage limitation under section 10; (d) processing of personal data under Chapter III; (e) processing of sensitive personal data under Chapter IV; (f) security safeguards under section 31; (g) research purposes under section 45;(h) exercise of data principal rights under Chapter VI; (i) methods of de-identification and anonymisation; (j) transparency and accountability measures under Chapter VII. (7)Section 40 shall come into force on such date as is notified by the Central Government for the purpose of that section.(8)The remaining provision of the Act shall come into force eighteen months from the notified date.”</i></span></p>
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<p class="MsoNormal"><a href="#_ftnref3" name="_ftn3"><sup><span><sup><span>[3]</span></sup></span></sup></a><span> </span><span>Rule 419A (16): The Central Government or the State Government shall constitute a Review Committee. </span></p>
<p class="MsoNormal"><span>Rule 419 A(17): The Review Committee shall meet at least once in two months and record its findings whether the directions issued under sub-rule (1) are in accordance with the provisions of sub-section (2) of Section 5 of the said Act. When the Review Committee is of the opinion that the directions are not in accordance with the provisions referred to above it may set aside the directions and orders for destruction of the copies of the intercepted message or class of messages.</span></p>
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<p class="MsoNormal"><a href="#_ftnref4" name="_ftn4"><sup><span><sup><span>[4]</span></sup></span></sup></a><span> </span><span>Rule 22 of Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009: The Review Committee shall meet at least once in two months and record its findings whether the directions issued under rule 3 are in accordance with the provisions of sub-section (2) of section 69 of the Act and where the Review Committee is of the opinion that the directions are not in accordance with the provisions referred to above, it may set aside the directions and issue an order for destruction of the copies, including corresponding electronic record of the intercepted or monitored or decrypted information.</span></p>
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For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/cis-comments-recommendations-to-digital-data-protection-bill'>http://editors.cis-india.org/internet-governance/blog/cis-comments-recommendations-to-digital-data-protection-bill</a>
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No publisherShweta Mohandas and Pallavi BediInternet GovernanceDigital GovernanceData ProtectionPrivacy2023-01-20T02:35:30ZBlog EntryGetting the (Digital) Indo-Pacific Economic Framework Right
http://editors.cis-india.org/internet-governance/blog/directions-cyber-digital-europe-arindrajit-basu-september-16-2022-getting-the-digital-indo-pacific-economic-framework-right
<b>On the eve of the Tokyo Quad Summit in May 2022, President Biden unveiled the Indo-Pacific Economic Framework (IPEF), visualising cooperation across the Indo-Pacific based on four pillars: trade; supply chains; clean energy, decarbonisation and infrastructure; and tax and anti-corruption. Galvanised by the US, the other 13 founding members of the IPEF are Australia, Brunei Darussalam, India, Indonesia, Japan, Republic of Korea, Malaysia, New Zealand, Philippines, Singapore, Thailand and Vietnam. The first official in-person Ministerial meeting was held in Los Angeles on 9 September 2022.</b>
<p style="text-align: justify; ">The article was <a class="external-link" href="https://directionsblog.eu/getting-the-digital-indo-pacific-economic-framework-right/">originally published in Directions</a> on 16 September 2022.</p>
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<p style="text-align: justify; ">It is still early days. Given the broad and noncommittal scope of the <a href="http://indiamediamonitor.in/ViewImg.aspx?rfW3mQFhdxZsqXnJzK5Xi5+XYlnW6zXnPDF3Ad56Y/KdgI1zvICzrodtLI85MPKdVO1fIh79GUlPfyXY2/bE2g==" rel="noreferrer noopener" target="_blank">economic arrangement</a>, it is unlikely that the IPEF will lead to a trade deal among members in the short run. Instead, experts believe that this new arrangement is designed to serve as a ‘<a href="https://indianexpress.com/article/opinion/columns/building-on-common-ground-7963518/" rel="noreferrer noopener" target="_blank">framework or starting point</a>’ for members to cooperate on geo-economic issues relevant to the Indo-Pacific, buoyed in no small part by the United States’ desire to make up lost ground and counter Chinese economic influence in the region.</p>
<p style="text-align: justify; ">United States Trade Representative (USTR) Katherine Tai has underscored the relevance of the Indo-Pacific digital economy to the US agenda with the IPEF. She has emphasized the <a href="https://www.whitehouse.gov/briefing-room/press-briefings/2022/05/23/on-the-record-press-call-on-the-launch-of-the-indo-pacific-economic-framework/" rel="noreferrer noopener" target="_blank">importance of</a> collaboratively addressing key connectivity and technology challenges, including standards on cross-border data flows, data localisation and online privacy, as well as the discriminatory and unethical use of artificial intelligence. This is an ambitious agenda given the divergence among members in terms of technological advancement, domestic policy preferences and international negotiating stances at digital trade forums. There is a significant risk that imposing external standards or values on this evolving and politically-contested digital economy landscape will not work, and may even undermine the core potential of the IPEF in the Indo-Pacific. This post evaluates the domestic policy preferences and strategic interests of the Framework’s member states, and how the IPEF can navigate key points of divergence in order to achieve meaningful outcomes.</p>
<h3><strong>State of domestic digital policy among IPEF members</strong></h3>
<p style="text-align: justify; ">Data localisation is a core point of divergence in global digital policymaking. It continues to dominate discourse and trigger dissent at all <a href="https://www.ikigailaw.com/the-data-localization-debate-in-international-trade-law/#acceptLicense" rel="noreferrer noopener" target="_blank">international trade forums</a>, including the World Trade Organization. IPEF members have a range of domestic mandates restricting cross-border flows, which vary in scope, format and rigidity (see table below)<strong>. </strong>Most countries only have a conditional data localisation requirement, meaning data can only be transferred to countries where it is accorded an equivalent level of protection – unless the individual whose data is being transferred consents to said transfer. <a href="https://www.lexology.com/library/detail.aspx?g=ee977f2e-ecfb-45cf-9f63-186a78a49512#:~:text=Australia%20has%20no%20broad%20data,transferred%20or%20processed%20outside%20Australia." rel="noreferrer noopener" target="_blank">Australia </a>and the <a href="https://www.acq.osd.mil/dpap/pdi/docs/FAQs_Network_Penetration_Reporting_and_Contracting_for_Cloud_Services_(01-27-2017).pdf" rel="noreferrer noopener" target="_blank">United States</a> have sectoral localisation requirements for health and defence data respectively. India presently has multiple sectoral data localisation requirements. In particular, a 2018 Reserve Bank of India (RBI) <a href="https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11244&Mode=0" rel="noreferrer noopener" target="_blank">directive</a> imposed strict local storage requirements along with a 24-hour window for foreign processing of payments data generated in India. The RBI imposed a <a href="https://theprint.in/economy/what-is-data-localisation-why-mastercard-amex-diners-club-cant-add-more-customers-in-india/703790/" rel="noreferrer noopener" target="_blank">moratorium</a> on the issuance of new cards by several US-based card companies until compliance issues with the data localisation directive were resolved. Furthermore, several iterations of India’s recently <a href="https://www.thehindu.com/sci-tech/technology/internet/explained-why-has-the-government-withdrawn-the-personal-data-protection-bill-2019/article65736155.ece" rel="noreferrer noopener" target="_blank">withdrawn </a>Personal Data Protection Bill contained localisation requirements for some categories of personal data.</p>
<p style="text-align: justify; ">Indonesia and Vietnam have <a href="https://thediplomat.com/2020/01/the-retreat-of-the-data-localization-brigade-india-indonesia-and-vietnam/" rel="noreferrer noopener" target="_blank">diluted</a> the scopes of their data localisation mandates to apply, respectively, only to companies providing public services and to companies not complying with other local laws. These dilutions may have occurred in response to concerted pushback from foreign technology companies operating in these countries. In addition to sectoral restrictions on the transfer of geospatial data, South Korea<a href="https://carnegieendowment.org/2021/08/17/korean-approach-to-data-localization-pub-85165" rel="noreferrer noopener" target="_blank"> retains </a>several procedural checks on cross-border flows, including formalities regarding providing notice to individual users.</p>
<p style="text-align: justify; ">Moving onto another issue flagged by USTR Tai, while all IPEF members recognise the right to information privacy at an overarching or constitutional level, the legal and policy contours of data protection are at different stages of evolution in different countries. <a href="https://www.dlapiperdataprotection.com/index.html?t=law&c=JP#:~:text=Personal%20Information%20Protection%20Commission,-Kasumigaseki%20Common%20Gate&text=Japan%20does%20not%20have%20a%20central%20registration%20system.&text=There%20is%20no%20specific%20legal,(eg%20Chief%20Privacy%20Officer)." rel="noreferrer noopener" target="_blank">Japan</a>, <a href="https://www.dlapiperdataprotection.com/index.html?t=law&c=KR" rel="noreferrer noopener" target="_blank">South Korea</a>, <a href="https://www.pdp.gov.my/jpdpv2/assets/2020/01/Introduction-to-Personal-Data-Protection-in-Malaysia.pdf" rel="noreferrer noopener" target="_blank">Malaysia</a>, <a href="https://www.linklaters.com/en/insights/data-protected/data-protected---new-zealand#:~:text=There%20is%20no%20data%20portability%20right%20in%20New%20Zealand.&text=While%20there%20is%20no%20%22right,a%20correction%20to%20that%20information." rel="noreferrer noopener" target="_blank">New Zealand,</a> <a href="https://www.privacy.gov.ph/data-privacy-act/#:~:text=%E2%80%93%20(a)%20The%20personal%20information,against%20any%20other%20unlawful%20processing." rel="noreferrer noopener" target="_blank">Philippines</a>, <a href="https://www.pdpc.gov.sg/Overview-of-PDPA/The-Legislation/Personal-Data-Protection-Act#:~:text=What%20is%20the%20PDPA%3F,Banking%20Act%20and%20Insurance%20Act." rel="noreferrer noopener" target="_blank">Singapore</a> and <a href="https://www.trade.gov/market-intelligence/thailand-personal-data-protection-act#:~:text=The%20legislation%20mandates%20that%20data,1%20million%20in%20criminal%20fines." rel="noreferrer noopener" target="_blank">Thailand </a>have data protection frameworks in place. Data protection frameworks in India and Brunei are under consultation. Notably, the US does not have a comprehensive federal framework on data privacy, although there are patchworks of data privacy regulations at both the federal and state levels.</p>
<p style="text-align: justify; ">Regulation and strategic thinking on artificial intelligence (AI) are also at varying levels of development among IPEF members. India has produced a slew of policy papers on Responsible Artificial Intelligence. The most recent <a href="https://www.niti.gov.in/sites/default/files/2021-08/Part2-Responsible-AI-12082021.pdf" rel="noreferrer noopener" target="_blank">policy paper</a> published by NITI AAYOG (the Indian government’s think tank) refers to constitutional values and endorses a risk-based approach to AI regulation, much like that adopted by the EU. The US National Security Commission on Artificial Intelligence (NSCAI), chaired by Google CEO Eric Schmidt, expressed concerns about the US ceding AI leadership ground to China. The NSCAI’s final <a href="https://www.nscai.gov/" rel="noreferrer noopener" target="_blank">report </a>emphasised the need for US leadership of a ‘coalition of democracies’ as an alternative to China’s autocratic and control-oriented model. Singapore has also made key strides on trusted AI, launching <a href="https://www.pdpc.gov.sg/news-and-events/announcements/2022/05/launch-of-ai-verify---an-ai-governance-testing-framework-and-toolkit" rel="noreferrer noopener" target="_blank">A.I. verify</a> – the world’s first AI Governance Testing Framework for companies that wish to demonstrate their use of responsible AI through a minimum verifiable product.</p>
<h3><strong>IPEF and pipe dreams of digital trade</strong></h3>
<p style="text-align: justify; ">Some members of the IPEF are signatories to other regional trade agreements. With the exception of Fiji, India and the US, all the IPEF countries are members of the Regional Comprehensive Economic Partnership <a href="https://www.dfat.gov.au/trade/agreements/in-force/rcep#:~:text=RCEP%20entered%20into%20force%20on,Australia%20as%20an%20original%20party." rel="noreferrer noopener" target="_blank">(RCEP)</a>, which also includes China. Five IPEF member countries are also members of the <a href="https://www.dfat.gov.au/trade/agreements/in-force/cptpp/comprehensive-and-progressive-agreement-for-trans-pacific-partnership" rel="noreferrer noopener" target="_blank">Comprehensive and Progressive Trans-Pacific Partnership (CPTPP)</a> that President Trump backed out of in 2017. Several IPEF members also have bilateral or trilateral trading agreements among themselves, an example being the <a href="https://www.mfat.govt.nz/en/trade/free-trade-agreements/free-trade-agreements-in-force/digital-economy-partnership-agreement-depa/" rel="noreferrer noopener" target="_blank">Digital Economic Partnership Agreement (DEPA)</a> between Singapore, New Zealand and Chile.</p>
<p style="text-align: justify; "><img src="http://editors.cis-india.org/home-images/Pie.png" alt="Pie" class="image-inline" title="Pie" /></p>
<p style="text-align: justify; ">All these ‘mega-regional’ trading agreements contain provisions on data flows, including prohibitions on domestic legal provisions that mandate local computing facilities or restrict cross-border data transfers. Notably, these agreements also incorporate <a href="https://publications.clpr.org.in/the-philosophy-and-law-of-information-regulation-in-india/chapter/indias-engagement-with-global-trade-regimes-on-cross-border-data-flows/" rel="noreferrer noopener" target="_blank">exceptions</a> to these rules. The CPTPP includes within its ambit an exception on the grounds of ‘legitimate public policy objectives’ of the member, while the RCEP incorporates an additional exception for ‘essential security interests’.</p>
<p style="text-align: justify; ">IPEF members are also spearheading <a href="https://www.hinrichfoundation.com/research/article/wto/can-the-wto-build-consensus-on-digital-trade/" rel="noreferrer noopener" target="_blank">multilateral efforts </a>related to the digital economy: Australia, Japan and Singapore are working as convenors of the plurilateral Joint Statement Initiative (JSI) at the World Trade Organization (WTO), which counts 86 WTO members as parties. India (along with South Africa) vehemently <a href="https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/GC/W819.pdf&Open=True" rel="noreferrer noopener" target="_blank">opposes</a> this plurilateral push on the grounds that the WTO is a multilateral forum functioning on consensus and a plurilateral trade agreement should not be negotiated within the aegis of the WTO. They fear, rightly, that such gambits close out the domestic policy space, especially for evolving digital economy regimes where keen debate and contestation exist among domestic stakeholders. While wary of the implications of the JSI, other IPEF members, such as Indonesia, have cautiously joined the initiative to ensure that they have a voice at the table.</p>
<p style="text-align: justify; ">It is unlikely that the IPEF will lead to a digital trade arrangement in the short run. Policymaking on issues as complex as the digital economy that must respond to specific social, economic and (geo)political realities cannot be steamrolled through external trade agreements. For instance, after the Los Angeles Ministerial India <a href="https://www.business-standard.com/article/economy-policy/india-opts-out-of-joining-ipef-trade-pillar-to-wait-for-final-contours-122091000344_1.html" rel="noreferrer noopener" target="_blank">opted out</a> of the IPEF trade pillar citing both India’s evolving domestic legislative framework on data and privacy as well as a broader lack of consensus among IPEF members on several issues, including digital trade. Commerce Minister Piyush Goyal explained that India would wait for the “<a href="https://pib.gov.in/PressReleasePage.aspx?PRID=1858243" rel="noreferrer noopener" target="_blank">final contours</a>” of the digital trade track to emerge before making any commitments.</p>
<p style="text-align: justify; ">Besides, brokering a trade agreement through the IPEF runs a risk of redundancy. Already, there exists a ‘<a href="https://www.rieti.go.jp/en/columns/a01_0193.html" rel="noreferrer noopener" target="_blank">spaghetti bowl’</a> of regional trading agreements that IPEF members can choose from, in addition to forming bilateral trade ties with each other.</p>
<p style="text-align: justify; ">This is why Washington has been clear about calling the IPEF an ‘<a href="https://theprint.in/diplomacy/india-set-to-join-us-led-indo-pacific-economic-arrangement-next-week-with-aim-to-counter-china/963795/" rel="noreferrer noopener" target="_blank">economic arrangement</a>’ and not a trade agreement. Membership does not imply any legal obligations. Rather than duplicating ongoing efforts or setting unrealistic targets, the IPEF is an opportunity for all players to shape conversations, share best practices and reach compromises, which could feed back into ongoing efforts to negotiate trade deals. For example, several members of RCEP have domestic data localisation mandates that do not violate trade deals because the agreement carves out exceptions that legitimise domestic policy decisions. Exchanges on how these exceptions work in future trade agreements could be a part of the IPEF arrangement and nudge states towards framing digital trade negotiations through other channels, including at the WTO. Furthermore, states like Singapore that have launched AI self-governance mechanisms could share best practices on how these mechanisms were developed as well as evaluations of how they have helped policy goals be met. And these exchanges shouldn’t be limited to existing IPEF members. If the forum works well, countries that share strategic interests in the region with IPEF members, including, most notably, the European Union, may also want to get involved and further develop partnerships in the region.</p>
<h3><strong>Countering China</strong></h3>
<p>Talking shop on digital trade should certainly not be the only objective of the IPEF. The US has made it clear that they want the message emanating from the IPEF ‘<a href="https://www.business-standard.com/article/international/biden-to-visit-japan-for-quad-summit-to-have-bilateral-meetings-with-modi-122051900128_1.html" rel="noreferrer noopener" target="_blank">to be heard in Beijing</a>’. Indeed, the IPEF offers an opportunity for the reassertion of US economic interests in a region where President Trump’s withdrawal from the CPTPP has left a vacuum for China to fill. Accordingly, it is no surprise that the IPEF has representation from several regions of the Indo-Pacific: South Asia, Southeast Asia and the Pacific.</p>
<p>This should be an urgent policy priority for all IPEF members. Since its initial announcement in 2015, the <a href="https://www.cfr.org/china-digital-silk-road/" rel="noreferrer noopener" target="_blank">Digital Silk Road (DSR)</a>, the digital arm of China’s Belt and Road Initiative, has spearheaded <a href="https://www.iiss.org/blogs/research-paper/2021/02/china-digital-silk-road-implications-for-defence-industry" rel="noreferrer noopener" target="_blank">massive investments</a> by the Chinese private sector (allegedly under close control of the Chinese state) in e-commerce, fintech, smart cities, data centres, fibre optic cables and telecom networks. This expansion has also happened in the Indo-Pacific, unhampered by China’s aggressive geopolitical posturing in the region through maritime land grabs in the South China Sea. With the exception of <a href="https://www.scmp.com/news/asia/southeast-asia/article/3024479/vietnam-shuns-huawei-it-seeks-build-aseans-first-5g" rel="noreferrer noopener" target="_blank">Vietnam</a>, which remains wary of China’s economic expansionism, countries in Southeast Asia welcome Chinese investments, extolling their developmental benefits. Several IPEF members – <a href="https://www.iseas.edu.sg/wp-content/uploads/2022/05/ISEAS_Perspective_2022_57.pdf" rel="noreferrer noopener" target="_blank">including</a> Indonesia, Malaysia and Singapore – have associations with Chinese private sector companies, predominantly Huawei and ZTE. A <a href="https://carnegieendowment.org/2022/07/11/localization-and-china-s-tech-success-in-indonesia-pub-87477" rel="noreferrer noopener" target="_blank">study</a> evaluating Indonesia’s response to such investments indicates that while they are aware of the risks posed by Chinese infrastructure, their calculus remains unaltered: development and capacity building remain their primary focuses. Furthermore, on the specific question of surveillance, given evidence of other countries such as the US and Australia also using digital infrastructure for surveillance, the threat from China is not perceived as a unique risk.</p>
<h3><strong>Setting expectations and approaches</strong></h3>
<p style="text-align: justify; ">Still, the risks of excessive dependence on one country for the development of digital infrastructure are well known. While the IPEF cannot realistically expect to displace the DSR, it can be utilised to provide countries with alternatives. This can only be done by issuing carrots rather than sticks. A US narrative extolling ‘digital democracy’ is unlikely to gain traction in a region characterised by a diversity of political systems that is focused on economic and development needs. At the same time, an excessive focus on thorny domestic policy issues – such as data localisation and the pipe dream of yet another mega-regional trade deal – could risk derailing the geo-economic benefits of the IPEF.</p>
<p style="text-align: justify; ">Instead, the IPEF must focus on capacity building, training and private sector investment in infrastructure across the Indo-Pacific. The US must position itself as a geopolitically reliable ally, interested in the overall stability of the digital Indo-Pacific, beyond its own economic or policy preferences. This applies equally to other external actors, like the EU, who may be interested in engaging with or shaping the digital economic landscape in the Indo-Pacific.</p>
<p style="text-align: justify; ">Countering Chinese economic influence and complementing security agendas set through other fora – such as the Quadrilateral Security Dialogue – should be the primary objective of the IPEF. It is crucial that unrealistic ambitions seeking convergence on values or domestic policy do not undermine strategic interests and dilute the immense potential of the IPEF in catalysing a more competitive and secure digital Indo-Pacific.</p>
<h3><strong>Table: Domestic policy positions on data localisation and data protection</strong></h3>
<p><img src="http://editors.cis-india.org/home-images/Table.png/@@images/8e9a5192-5f6c-4666-8d78-e0863111534a.png" alt="Table" class="image-inline" title="Table" /></p>
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For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/directions-cyber-digital-europe-arindrajit-basu-september-16-2022-getting-the-digital-indo-pacific-economic-framework-right'>http://editors.cis-india.org/internet-governance/blog/directions-cyber-digital-europe-arindrajit-basu-september-16-2022-getting-the-digital-indo-pacific-economic-framework-right</a>
</p>
No publisherarindrajitPrivacyInternet GovernanceDigital GovernanceDigital Economy2022-10-03T14:56:22ZBlog EntryTechno-solutionist Responses to COVID-19
http://editors.cis-india.org/internet-governance/blog/economic-and-political-weekly-july-17-2021-amber-sinha-pallavi-bedi-aman-nair-techno-solutionist-responses-to-covid-19
<b>The Indian state has increasingly adopted a digital approach to service delivery over the past decade, with vaccination being the latest area to be subsumed by this strategy. In the context of the need for universal vaccination, the limitations of the government’s vaccination platform Co-WIN need to be analysed.</b>
<p><span style="text-align: justify; ">The article by Amber Sinha, Pallavi Bedi, and Aman Nair was published in the </span><a class="external-link" href="https://www.epw.in/journal/2021/29/commentary/techno-solutionist-responses-covid-19.html" style="text-align: justify; ">Economic & Political Weekly</a><span style="text-align: justify; ">, Vol. 56, Issue No. 29, 17 Jul, 2021.</span></p>
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<p style="text-align: justify; ">Over the last two decades, slowly but steadily, the governance agenda of the Indian state has moved to the digital realm. In 2006, the National e-Governance Plan (NeGP) was approved by the Indian state wherein a massive infrastructure was developed to reach the remotest corners and facilitate easy access of government services efficiently at affordable costs. The first set of NeGP projects focused on digitalising governance schemes that dealt with taxation, regulation of corporate entities, issuance of passports, and pensions. Over a period of time, they have come to include most interactions between the state and citizens from healthcare to education, transportation to employment, and policing to housing. Upon the launch of the Digital India Mission by the union government, the NeGP was subsumed under the e-Gov and e-Kranti components of the project. The original press release by the central government reporting the approval by the cabinet of ministers of the Digital India programme speaks of “cradle to grave” digital identity as one of its vision areas. This identity was always intended to be “unique, lifelong, online and authenticable.”</p>
<p style="text-align: justify; ">Since the inception of the Digital India campaign by the current government, there have been various concerns raised about the privacy issues posed by this project. The initiative includes over 50 “mission mode projects” in various stages of implementation. All of these projects entail collection of vast quantities of personally identifiable information of the citizens. However, most of these initiatives do not have clearly laid down privacy policies. There is also a lack of properly articulated access control mechanism and doubts exist over important issues such as data ownership owing to most projects involving public–private partnership which involves a private organisation collecting, processing and retaining large amounts of data. Most importantly, they have continued to exist and prosper in a state of regulatory vacuum with no data protection legislation to govern them. Further, the state of digital divide and digital literacy in India should automatically underscore the need to not rely solely on digital solutions.</p>
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<p><span>Click to </span><a class="external-link" href="https://www.epw.in/journal/2021/29/commentary/techno-solutionist-responses-covid-19.html">read the full article here</a></p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/economic-and-political-weekly-july-17-2021-amber-sinha-pallavi-bedi-aman-nair-techno-solutionist-responses-to-covid-19'>http://editors.cis-india.org/internet-governance/blog/economic-and-political-weekly-july-17-2021-amber-sinha-pallavi-bedi-aman-nair-techno-solutionist-responses-to-covid-19</a>
</p>
No publisherAmber Sinha, Pallavi Bedi and Aman NairDigital GovernancePrivacyDigitalisationCo-WINCovid19Digital TechnologiesInternet GovernanceTechnologyE-Governance2021-08-10T15:34:06ZBlog EntryState of Consumer Digital Security in India
http://editors.cis-india.org/internet-governance/blog/state-of-consumer-digital-security-in-india
<b>This report attempts to identify the existing state of digital safety in India, with a mapping of digital threats, which will aid stakeholders in identifying and addressing digital security problems in the country. This project was funded by the Asia Foundation.</b>
<p style="text-align: justify;"> </p>
<p style="text-align: justify;">Since 2006, successive Union governments in India have shown increased focus on digital governance. The National e-Governance Plan was launched by the UPA government in2006, and several digital projects led by the state such as digitisation of the filing of taxes, appointment process for passports, corporate governance, and the Aadhaar programme(India’s unique digital identity system that utilises biometric and demographic data) arose under it, in the form of mission mode projects (projects that are part of a broader National e-governance initiative, each focusing on specific e-Governance aspects, like banking, land records, or commercial taxes). In 2014, when the NDA government came to power, the National e-Governance Plan was subsumed under the government’s flagship project of Digital India, and several mission mode projects were added. In the meantime, the internet connectivity, first in the form of wire connectivity, and later in the form of mobile connectivity has increased greatly. In the same period, use of digital services, first in new services native to the Internet such as email, social networking, instant messaging, and later the platformization and disruption of traditional business models in transportation, healthcare, finance and virtually every sector, has led to a deluge of digital private service providers in India.</p>
<p style="text-align: justify;">Currently, India has 500 million internet users — over a third of its total population — making it the country with the second largest number of Internet users after China. The uptake of these technological services has also been accompanied by several kinds of digital threats that an average digital consumer in India must regularly contend with. This report is a mapping of consumer-facing digital threats in India and is intended to aid stakeholders in identifying and addressing digital security problems. The first part of the report categorises digital threats into four kinds, Personal Data Threats, Online Content Related Threats, Financial Threats, and Online Sexual Harassment Threats. Threats under each category are then defined, with detailed consumer-facing consequences, and past instances where harm has been caused because of these threats.</p>
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<p> </p>
<p>Read the full report <a href="http://editors.cis-india.org/internet-governance/report-state-of-consumer-digital-security-in-india" class="internal-link" title="Report - State of Consumer Digital Security in India">here</a>.</p>
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For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/state-of-consumer-digital-security-in-india'>http://editors.cis-india.org/internet-governance/blog/state-of-consumer-digital-security-in-india</a>
</p>
No publisherpranavDigital GovernancePrivacyDigital KnowledgeInternet GovernanceDigital Media2021-07-05T11:07:24ZBlog EntryUN Questionnaire on Digital Innovation, Technologies and Right to Health
http://editors.cis-india.org/internet-governance/un-questionnaire-digital-innovation-technologies-right-to-health
<b>The Centre for Internet & Society (CIS) contributed to the questionnaire put out by the Office of the United Nations High Commissioner for Human Rights, on digital innovation, technologies and the right to health. The responses were authored by Pahlavi and Shweta Mohandas, and edited by Indumathi Manohar. </b>
<h3 style="text-align: center; "><img src="http://editors.cis-india.org/home-images/United.png" alt="United" class="image-inline" title="United" /></h3>
<h3 style="text-align: center; "><span style="text-decoration: underline;"><span><b>Questionnaire</b></span></span></h3>
<p style="text-align: justify; "><br /><b>1. What are benefits of increased use of digital technologies in the planning and delivery of health information, services and care? Consider the use of digital technologies for healthcare services, the collection and use of health-related data, the rise of social media and mobile phones, and the use of artificial intelligence specifically to plan and deliver healthcare. Please share examples of how such technologies benefited specific groups. How have digital technologies contributed to availability, accessibility, acceptability and quality of healthcare? Has the use of artificial intelligence improved access to health information, services and care? Please comment on existing or emerging biases in health information, services and care.</b></p>
<p style="text-align: justify; ">The use of digital technologies and forms of digital health interventions has seen an increase in interest from governments, industries, as well as individuals since the beginning of the pandemic. The lockdowns, and other social distancing measures created a push towards telemedicine and online consultations. Digital health services provide a number of people the opportunity to seek medical help without traveling, which particularly help people with accessibility needs, the elderly, and anyone else that has difficulty in movement.1 Telemedicine can also help meet the challenges of healthcare delivery to rural and remote areas, in addition to serving as a means of training and education.2</p>
<p style="text-align: justify; ">The pandemic brought about a push towards telehealth and telemedicine and the telemedicine market has been reported to touch $5.4 Bn by 2025,3 with a number of applications working to make it more accessible to people in India. With respect to AI there has been some adoption of AI in India to help the most vulnerable group of people. For example: Microsoft has teamed up with the Government of Telangana to use cloud-based analytics for the Rashtriya Bal Swasthya Karyakram program by adopting MINE (Microsoft Intelligent Network for Eyecare), an AI platform to reduce avoidable blindness in children.4 Similarly Philips Innovation Campus (PIC) in Bengaluru, Karnataka is harnessing technology to make solutions for TB detection from chest x-rays, and a software solution (Mobile Obstetrics Monitoring) to identify and manage high-risk pregnancies.5 More recently IWill by ePsyClinic, a mental-health platform in India, has received a grant from Microsoft's 'AI for Accessibility' program to accelerate the building of a Hindi-based AI Mental Health conversational program.6</p>
<p style="text-align: justify; ">However the use of digital technologies and online medical interventions has also widened the increasing gap between those who can afford a smart phone and internet and those who cannot. A digital-only health intervention also results in excluding a wide number of people who do not have a smartphone, for example the Indian contact-tracing app, Aarogya Setu, which was a mandatory download to access public places during the lockdown was initially only available via a smartphone. Additionally, the app initially was not compatible with screen readers.7 The disparities in digital access and infrastructure is not limited to individuals— a report by the Ministry of Electronics and Information Technology India highlighted that the government hospitals and dispensaries have very little ICT infrastructure with only some major public hospitals having computers and connectivity.8</p>
<p style="text-align: justify; ">As stated above, the adoption of digital health technologies is not uniform around the world, and the people who are not able to access these technologies missed being included in the data that is being collected by these systems, further excluding from the data set which might be used to train future interventions. In the same light, digital technologies such as AI based screening are based on historical data that have been proved to contain biases against</p>
<p style="text-align: justify; ">marginalised communities. Continuing to use these systems without addressing these biases and or including more diverse dataset results in the same people being marginalised and misdiagnosed further. For example, safety apps where data is provided by limited people could identify Dalit and Muslim areas as unsafe, reflecting the prejudices of the app’s middleand upper-class users.9 While this has not been revealed in healthcare apps, the growing use of CCTVs and subsequent use of facial recognition in only certain pockets of the city reveal the historical biases in the police system that lead to targeted surveillance.10</p>
<p style="text-align: justify; "><b>2. How has the rise of web platforms and social media increased access to health information and services, or conversely, increased risk of misdiagnosis or other harms? Please share examples of ways in which social media and web platforms facilitated innovation in access to evidence-based health information and services, or created new threats of discrimination, mental health harms, or online or offline violence.</b></p>
<p style="text-align: justify; ">Social media platforms have helped people immensely during the pandemic. For example, when people reached out to strangers for help for hospital beds and oxygen. However, the benefits of such were limited to people who were on social media and had the reach and networks to share such information.11Furthermore, social media and messaging apps such as Whatsapp also led to the spread of misinformation during the pandemic. For example a Whatsapp message claiming to be from the Ministry of Aayush which permitted homeopathy doctors to treat Covid19 spread significantly, leading to the official government channels clarifying that it is fake and cautioning people against it.12 It was also noted that at times when women shared requests for beds or oxygen during covid on social media, they were faced with fake calls, stalking and trolling on social media, making it harder for them to seek help.</p>
<p style="text-align: justify; "><b>3. How has the right to privacy been impacted by the use of digital technologies for health? Please share examples of ways in which data gathered from digital technologies have been used by States, commercial entities or other third parties to either benefit or harm groups regarding the right to health.</b></p>
<p style="text-align: justify; ">In 2006, the National e-Governance Plan (NeGP) was approved by the Indian State wherein a massive infrastructure was developed to reach the remotest corners and facilitate easy access of government services efficiently at affordable costs.13There has been a paradigm shift in the Indian state’s governance strategy, with severe implications for privacy and inclusion. However, this shift has been undertaken primarily through a series of administrative orders with no real legislative mandate and minimal judicial oversight. This digitisation began with services such as taxation, land record, passport details, but it soon extended its ambit, and it now covers most services for which the citizen is dependent upon the state— the latest being digital health.</p>
<p style="text-align: justify; ">In the Indian context, there have been a number of policies that have been published which dealt with digital health. The policies looked at creating a digital health ID, digitisation of health data, and the management of health data. However these policies are being introduced without the existence of a comprehensive data protection legislation. While there are certain safeguards mentioned in each policy, without privacy and data protection legislation it is impossible to ensure compliance and the rights of the data owners. This issue became a reality when during the vaccination for Covid, some vaccination centres created Health ID for people without their consent.14</p>
<p style="text-align: justify; "><b>4. What are current strengths or weaknesses of digital health governance at national, regional and global levels? Please provide examples of laws, regulations or other safeguards that has been put in place to protect and fulfill the rights to health, privacy, and confidentiality within the use of digital technologies for health? Do restrictive laws or law enforcement create any specific challenges for persons using digital technologies to access health information or services?</b></p>
<p style="text-align: justify; ">Digitisation of the healthcare system in India had started prior to the pandemic. However, the pandemic also saw a slew of digitisation policies being rolled out, the most notable being the National Digital Health Mission (re-designed as the Aayushman Bharat Digital Mission) which empowered and saw the government use the vaccination process to generate Health IDs for citizens, in several reported cases without their knowledge or consent.15 The entire digitisation process has been undertaken in the absence of any legislative mandate or judicial oversight. It has primarily been undertaken through issuance of executive notifications and resulting in absent or inadequate grievance redressal mechanisms.</p>
<p style="text-align: justify; ">The rollout of the NDHM also saw health IDs being generated for citizens. In several reported cases across states, this rollout happened during the Covid-19 vaccination process— without the informed consent of the concerned person. All of these developments took place in the absence of a data protection law and a law regulating the digital health sphere, raising critical concerns around citizens’ privacy and the governance and oversight mechanisms for digital health initiatives.</p>
<hr />
<ol>
<li style="text-align: justify; "> Valdez, R. S., Rogers, C. C., Claypool, H., Trieshmann, L., Frye, O., Wellbeloved-Stone, C., & Kushalnagar, P. (2021). Ensuring full participation of people with disabilities in an era of telehealth. Journal of the American Medical Informatics Association, 28(2), 389-392.</li>
<li style="text-align: justify; ">Paul, Hickok, Sinha, & Tiwari. (2018). Artificial Intelligence in the Healthcare Industry in India. Centre for Internet and Society India. Retrieved November 15, 2022, from https://cis-india.org/internet-governance/ai-and-healthcare-report/view</li>
<li style="text-align: justify; ">Dayalani, V., K., H., S., G., R., T., & M., L. (2021, February 15). 1mg Rises In Indian Telemedicine Space As Sector Set To Touch $5.4 Bn Market Size by 2025. Inc42 Media. Retrieved November 15, 2022, from https://inc42.com/datalab/telemedicine-a-post-covid-reality-in-india/</li>
<li style="text-align: justify; ">Government of Telangana adopts Microsoft Cloud and becomes the first state to use Artificial Intelligence for eye care screening for children - Microsoft Stories India. (2017, August 3). Microsoft Stories India. Retrieved November 15, 2022, from https://news.microsoft.com/en-in/governmenttelangana-adopts-microsoft-cloud-becomes-first-state-use-articial-intelligence-eye-care-screeningchildren/</li>
<li style="text-align: justify; ">D’Monte, L. (2017, February 15). <i>How Philips is using AI to transform healthcare</i>. Mint. Retrieved November 15, 2022, from https://www.livemint.com/Science/yxgekz1jJJ3smvvRLwmaAL/How-Philips-is-using-AI-to-transformhealthcare.html</li>
<li style="text-align: justify; ">PTI. (2022, November 11). Microsoft supports IWill with “AI for Accessibility” grant to develop AI CBT mental health program for 615 million Hindi users. Microsoft Supports IWill With “AI for Accessibility”Grant to Develop AI CBT Mental Health Program for 615 Million Hindi Users. Retrieved November 15,2022, from https://www.ptinews.com/pti/Microsoft-supports-IWill-with--AI-for-Accessibility--grant-todevelop-AI-CBT-mental-health-program-for-615-million-Hindi-users/58238.html</li>
<li style="text-align: justify; ">Nath. (2020, May 2). <i>Coronavirus | Mandatory Aarogya Setu app not accessible to persons with disabilities</i>.Coronavirus | Mandatory Aarogya Setu App Not Accessible to Persons With Disabilities - the Hindu. Retrieved November 15, 2022, from https://www.thehindu.com/news/national/coronavirus-mandatory-aarogya-setu-app-notaccessible-to-persons-with-disabilities/article31489933.ece</li>
<li style="text-align: justify; ">Sharma, N. C. (2018, July 16). <i>Adoption of e-medical records facing infra hurdles: Report</i>. Mint. Retrieved November 15, 2022, from https://www.livemint.com/Politics/CucBmKaoWLZuSf1Y9VaafM/Adoption-of-emedical-recordsfacing-infra-hurdles-Report.html</li>
<li style="text-align: justify; ">https://www.livemint.com/news/world/ai-algorithms-far-from-neutral-in-india-11613617957200.html</li>
<li style="text-align: justify; ">Vipra. (n.d.). <i>The Use of Facial Recognition Technology for Policing in Delhi</i>. Vidhi Centre for Legal Policy. Retrieved November 15, 2022, from https://vidhilegalpolicy.in/research/the-use-of-facial-recognition-technology-for-policingin-delhi/</li>
<li style="text-align: justify; ">Kalra, A., & Ghoshal, D. (2021, April 21). Twitter becomes a platform of hope amid the despair of India’s COVID crisis. Reuters. Retrieved November 15, 2022, from https://www.reuters.com/world/india/twitterbecomes- platform-hope-amid-despair-indias-covid-crisis-2021-04-21/</li>
<li style="text-align: justify; ">Times of India . (2020, April 29). WhatsApp message on Homeopathy and coronavirus treatment is fake- Times of India. The Times of India. Retrieved November 15, 2022, from https://timesondia.indiatimes.com/gadgets-news/whatsapp-message-on-homeopathy-and-coronavirustreatment-is-fake/articleshow/75425274.cms</li>
<li style="text-align: justify; ">Amber Sinha, Pallavi Bedi and Amber Sinha, “Techno-Solutinist Responses to Covid 19”, EPW, Vol LVI, No. 29, July 17, 2021 Retrieved from: https://www.epw.in/journal/2021/29/commentary/technosolutionist-responses-covid-19.html</li>
<li style="text-align: justify; ">Rana, C. (2021, October 1). <i>COVID-19 vaccine beneficiaries were assigned unique health IDs without their consent</i>.The Caravan. Retrieved November 15, 2022, from https://caravanmagazine.in/health/covid-19-vaccinebeneficiaries-were-assigned-unique-health-ids-without-their-consent</li>
</ol>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/un-questionnaire-digital-innovation-technologies-right-to-health'>http://editors.cis-india.org/internet-governance/un-questionnaire-digital-innovation-technologies-right-to-health</a>
</p>
No publisherPahlavi and Shweta MohandasDigital MediaDigital TechnologiesInternet GovernanceDigital Governance2022-11-21T16:10:06ZBlog EntryBeyond Scale: How to make your digital development program sustainable
http://editors.cis-india.org/internet-governance/news/beyond-scale-how-to-make-your-digital-development-program-sustainable
<b>A dissemination workshop was organized by BBC Media Action, with support from the Digital Impact Alliance and the Bill & Melinda Gates Foundation on February 21, 2018 in Bangalore. Sunil Abraham participated in the workshop.</b>
<h3>Agenda</h3>
<p><b>9.00 to 9.45</b></p>
<p>Registration and coffee</p>
<p><b>9.50 to 10.05</b></p>
<p>Introduction to ‘<i>Beyond Scale’</i>, Kate Willson, CEO, Digital Impact Alliance</p>
<p><b>10.15 to 11.15</b></p>
<p>‘Surviving the Valley of Death’, panel discussion with:</p>
<ul>
<li>Rahul Mullick, ICT lead, Bill & Melinda Gates Foundation, India, </li>
<li>Nehal Sanghavi, Senior Advisor for Innovation and Partnership, USAID, India</li>
<li>Kate Wilson, CEO, Digital Impact Alliance</li>
<li>Priyanka Dutt, Country Director, BBC Media Action</li>
</ul>
<p><span>Moderated by Sara Chamberlain, Digital Director, BBC Media Action</span></p>
<p><b>11.15 to 11.30 </b></p>
<p>Tea/coffee break</p>
<p><b> </b></p>
<p><b> </b></p>
<p><b>11.30 to 11.45</b></p>
<p>Introduction to the table workshop sessions</p>
<p><b>11.45 to 1.00</b></p>
<p style="text-align: justify; ">Each table works to identify solutions to some of the digital development sector’s most pressing challenges in the areas of organizational change management, regulatory compliance, legal protection and risk, public sector adoption, private sector business models, solution design, technical architecture for scale, partnerships and human capacity.</p>
<p><b> </b></p>
<p><b> </b></p>
<p><b>1 PM to 2.00</b></p>
<p>Lunch</p>
<p><b> </b></p>
<p><b> </b></p>
<p><b>2.00 to 2.30</b></p>
<p>Each table finalizes its presentation.</p>
<p><b>3.00 to 4.15</b></p>
<p>Presentations, Q&A and discussion of each table’s group work</p>
<p><b>4.15 </b></p>
<p>Tea/coffee will be served at the tables</p>
<p><b> </b></p>
<p><b> </b></p>
<p><b>4.30 to 4.45</b></p>
<p>Introduction to the ‘Expert Bar’</p>
<p><b> </b></p>
<p><b> </b></p>
<p><b>4.45 to 6.00 </b></p>
<p style="text-align: justify; ">There will be one or more ‘experts’ in specific focus areas of the guide seated at each table. Participants are free to visit the tables that interest them to discuss their challenges and share their own expertise. <b><br /> </b></p>
<p><b> </b></p>
<p><b>6.00 – 9.00</b></p>
<p>Networking reception with open bar and snacks</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/news/beyond-scale-how-to-make-your-digital-development-program-sustainable'>http://editors.cis-india.org/internet-governance/news/beyond-scale-how-to-make-your-digital-development-program-sustainable</a>
</p>
No publisherAdminInternet GovernanceDigital Governance2018-02-26T14:23:26ZNews ItemThe soon-to-be launched Aadhaar Pay will let you make purchases using your fingerprint
http://editors.cis-india.org/internet-governance/news/economic-times-indulekha-aravind-january-15-2017-the-soon-to-be-launched-aadhaar-pay-will-let-you-make-purchases-using-your-fingerprint
<b>Paying for your groceries and other goods by using your biometrics instead of an e-wallet, debit card or cash seems to be the next phase in the Centre’s ambitious push to shift the country to a “less cash” economy, as its mandarins term it.</b>
<p style="text-align: justify; ">The article by Indulekha Aravind was <a class="external-link" href="http://economictimes.indiatimes.com/news/economy/policy/the-soon-to-be-launched-aadhaar-pay-will-let-you-make-purchases-using-your-fingerprint/articleshow/56542475.cms">published in the Economic Times</a> on 15 January 2017. Sunil Abraham was <a class="external-link" href="http://economictimes.indiatimes.com/et-now/experts/sunil-abraham-on-aadhaars-misuse-during-demonetisation/videoshow/56544492.cms">consulted for this</a>.</p>
<hr />
<p style="text-align: justify; "> </p>
<p style="text-align: justify; ">Ajay Bhushan Pandey, CEO of the Unique Identification Authority of India (UIDAI), says it will be rolling out Aadhaar-enabled payment system, or Aadhaar Pay, for merchants in the next few weeks. This will be an app for merchants that enables them to receive payments through biometric authentication of the customer, provided their bank accounts are linked to their Aadhaar number. "A pilot is under way in fair price shops in Andhra Pradesh where shopkeepers are accepting payments from PDS beneficiaries. The results are very encouraging," says Pandey.</p>
<p style="text-align: justify; ">The idea takes off from the existing Aadhaar-enabled payment system (AEPS) used by bank business correspondents (BCs) in rural areas to disburse and accept cash, using micro ATMs. "We are trying to tweak this so that a similar device can be used by a local merchant," says Pandey. Adoption will depend on two factors: merchants’ acceptance of it and whether they can use an app rather than a micro ATM. The biggest advantage through this method of payment, says Pandey, is that the customer will not need a credit or debit card, or even a smartphone.</p>
<p style="text-align: justify; "><img alt="The soon-to-be launched Aadhaar Pay will let you make purchases using your fingerprint" class="gwt-Image" src="http://img.etimg.com/photo/56542603/page-19-1.jpg" title="The soon-to-be launched Aadhaar Pay will let you make purchases using your fingerprint" /></p>
<p style="text-align: justify; ">The limits for transactions using AEPS, such as the number of daily transactions, will be left to the discretion of the banks. In the long term, the AEPS will be migrated to the BHIM (Bharat Interface for Money) platform but the rollout of Aadhaar Pay will happen before that. Post demonetisation, banking BC’s number of transactions using AEPS has leapt from 4-5 lakh to 14-15 lakh, says Pandey. According to Reserve Bank of India data on electronic payment systems, the total volume of such transactions jumped from 671 million in November 2016 to 957 million in December. USSD-based payments, which can be done using a basic feature phone, are among the biggest beneficiaries: the volume rose from just 7,000 in November to 1,02,000 in December, and value of transactions from over Rs 7,000 to over Rs 1 lakh. Prepaid payment instruments — mainly mobile wallets — rose from 59 million to 88 million in the same period (and value from Rs 1,300 crore to Rs 2,100 crore).</p>
<p style="text-align: justify; ">While Aadhaar Pay is likely to ride the demonetisation wave if it is launched soon, certain concerns remain, as the list is how secure such a payment system will be. The UIDAI CEO says it is a paramount concern for the organisation, too. "We are using the latest technology to ensure the information stays encrypted end to-end, so that information is not leaked or misused. In the months to come, we will strengthen the security."</p>
<p style="text-align: justify; "><b>Wary About Security</b> <br /> Sunil Abraham, executive director of the Centre for Internet and Society, a think tank that has been analysing the Aadhaar project for six years, outlines several reasons why Aadhaar-based biometrics is inappropriate for authentication in payments, unlike card-based payments that use cryptography. <br /> <br /> "With biometrics, there is always an error ratio. It is imprecise matching, whereas with cryptography (smart cards), there is no false positive or negative. You either have the key (PIN) or you don’t. It is also very cheap to defeat biometric authentication — even an unlettered person can do it," says Abraham. It would be easy enough, he says, to replicate someone else’s fingerprint by pressing it against lukewarm wax and filling the mould with glue to get a dummy finger. In contrast, compromising a smart card requires more cost and effort, from tech-savviness to machines such as a skimmer that will read the card. "And once you are compromised,you are compromised forever. You can’t change it, like a debit card PIN."</p>
<p style="text-align: justify; ">Using Aadhaar for authentication had proved to be a failure during the exchange of currency notes following demonetisation, he adds, pointing to how the poor and the middle class stood in queues for money while stacks of new currency were recovered from the homes of businessmen and bureaucrats. "When you have bank officials who are corrupt, giving them your biometrics is giving them more ammunition for corruption." To catch the criminals, law enforcement agencies had to resort to CCTV footage,a relatively older technology, he says. Others point out that while it may be secure, certain factors stand in the way of making biometrics-based payment authentication a large-scale success. Amrish Rau, CEO of PayU India, a payment gateway provider, cites a list of reasons why it would inevitably take off but only in 5-10 years.</p>
<p style="text-align: justify; ">"For one, the technology is not yet good enough. There are also bandwidth and data constraints in sending biometric data," says Rau. Even in more mature markets, it has yet to find widespread acceptance, he says, pointing to the slow adoption of Apple Pay and Samsung Pay in the US. "It’s not the answer today.” This is in contrast to NITI Aayog CEO Amitabh Kant’s recent remarks that cards and PoS machines would become redundant by 2020 because Indians would be making payments using their thumb (biometrics). "... my view is that in the next two and a half years, India will make all its debit cards, credit cards, all ATM machines, all PoS machines totally irrelevant,” Kant had said at a Pravasi Bharatiya Divas session in Bengaluru.</p>
<div style="text-align: justify; ">UIDAI’s Pandey is more circumspect. “I wouldn’t say who would replace what. But from the government’s side we are encouraging all modes of digital payment. India has a diverse population and some people might prefer using a card, others a wallet. Collectively, they will contribute to a less-cash society.”</div>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/news/economic-times-indulekha-aravind-january-15-2017-the-soon-to-be-launched-aadhaar-pay-will-let-you-make-purchases-using-your-fingerprint'>http://editors.cis-india.org/internet-governance/news/economic-times-indulekha-aravind-january-15-2017-the-soon-to-be-launched-aadhaar-pay-will-let-you-make-purchases-using-your-fingerprint</a>
</p>
No publisherpraskrishnaDemonetisationDigital PaymentDigital GovernanceDigital EconomyPrivacyInternet GovernanceDigital MoneyVideoAadhaarBiometrics2017-01-16T03:14:22ZNews ItemMillions of Indians move from cash to digital payments. But some ask whether it’s safe
http://editors.cis-india.org/internet-governance/news/washington-post-january-14-2017-rama-lakshmi-millions-of-indians-move-from-cash-to-digital-payments
<b>Minutes after Indian Prime Minister Narendra Modi began an ambitious new mobile-phone-payment application in December, several clones of the app popped up at Android smartphone stores.</b>
<p style="text-align: justify; ">The article by Rama Lakshmi was <a class="external-link" href="https://www.washingtonpost.com/world/asia_pacific/millions-of-indians-move-from-cash-to-digital-payments-but-some-ask-whether-its-safe/2017/01/13/e807ebf0-ae9b-488b-9eb1-1dcba80ba984_story.html?utm_term=.fc710ade922b">published by Washington Post</a> on 14 January 2017, Sunil Abraham was quoted. Annie Gowen contributed to this report.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; ">In the first few days, users were flooded with <a href="http://www.livemint.com/Industry/Q1z2di95uWbhcSMUKcx1SK/BHIM-app-users-raise-security-concerns-within-first-week.html">spam</a> requests for money.</p>
<p style="text-align: justify; ">The Bhim app sponsored by the government was rushed out after Modi’s abrupt <a href="https://www.washingtonpost.com/world/asia_pacific/india-invalidates-large-bank-notes-in-crackdown-on-crime/2016/11/08/cc705ee2-a5c6-11e6-ba46-53db57f0e351_story.html?tid=a_inl&utm_term=.1e0d0920f753">withdrawal</a> of large currency bills two months ago. More than 10 million people downloaded it in just 10 days, but in a country where awareness and regulation of <a href="https://www.washingtonpost.com/world/asia_pacific/privacy-concerns-grow-in-india/2012/01/26/gIQAyM0UmQ_story.html">privacy</a>, data protection and digital <a href="http://timesofindia.indiatimes.com/business/india-business/None-of-mobile-payment-apps-in-India-fully-secure-warns-Qualcomm/articleshow/55967778.cms">security</a> are low, the number of cyberattacks is rising.</p>
<p style="text-align: justify; ">“We are rushing toward launching and using these plethora of financial tech apps without the exhaustive security testing and education that is needed,” said Sunil Abraham, executive director of the Center for Internet and Society. “We are operating in a bit of a regulatory vacuum.”</p>
<p style="text-align: justify; ">Modi’s ambitious move to swap old bills for new was intended to fight the hoarding of <a href="https://www.washingtonpost.com/world/asia_pacific/india-targets-tax-evaders-who-hide-black-money-at-home-and-abroad/2015/09/04/2532b7c2-50c4-11e5-b225-90edbd49f362_story.html?utm_term=.6a8c7baf45d0">illicit</a> cash reserves. But it was derailed by shoddy implementation, left citizens in Asia’s third-largest economy without <a href="https://www.washingtonpost.com/world/panic-anger-and-scramble-to-stash-cash-amid-indias-black-money-squeeze/2016/11/10/32cb222a-565a-4c6f-8d40-59257c042109_story.html?utm_term=.6316c5fcb192">cash</a> for weeks, slowed <a href="https://www.washingtonpost.com/world/indias-currency-crisis-is-stalling-small-industries-and-sending-workers-home/2016/12/24/5a2d3aea-c7b2-11e6-acda-59924caa2450_story.html?utm_term=.ad60424e45f2">manufacturing</a> and sent workers home, and is now likely to significantly affect the country’s economic growth this year, economists say. It was acutely painful for a country where 80 percent of transactions were conducted with cash.</p>
<p style="text-align: justify; ">Modi quickly responded by turning the adversity into a call for Indians to kick their overwhelming dependence on <a href="https://www.washingtonpost.com/world/asia_pacific/indians-like-to-pay-cash-the-government-is-now-forcing-them-to-swipe-cards/2016/12/16/58a5a42c-c0a6-11e6-b527-949c5893595e_story.html">cash</a> and opt for digital payments overnight. The Bhim app is just one of many available. But in this leap, experts say, security concerns are being overlooked.</p>
<p style="text-align: justify; ">The new payment apps and e-wallet companies are governed by India’s outdated information technology law of 2008 and central bank guidelines.</p>
<p style="text-align: justify; ">“India urgently needs a new digital payment law that regulates all these mobile payment apps that have sprung up overnight,” said Pavan Duggal, a cyber-law expert. “We are right now in a completely uncharted and unsupervised territory legally. The norms for wallet companies are undefined. If I lose my money due to a fraud, I can go round and round in circles with no remedy.”</p>
<p style="text-align: justify; ">The central bank recently issued guidelines asking payment banks to carry out security audits, but Duggal said “there is no penalty or punishment for noncompliance.”</p>
<p style="text-align: justify; ">The problem is compounded by the fact that education about security risks online is abysmally sparse, especially in India’s small towns and villages. Indians are complacent about cyber risks in their online behavior, according to the Norton Cyber Security Insights <a href="http://indianexpress.com/article/technology/tech-news-technology/indian-users-complacent-when-it-comes-to-cyber-security-norton-report/">Report</a>. India does not have a privacy law.</p>
<p style="text-align: justify; ">India reported more than 39,000 incidents of cyberattacks in the first nine months of 2016, <a href="http://164.100.47.190/loksabhaquestions/annex/10/AS16.pdf">according</a> to the government, including phishing, scanning and probing, website intrusions, defacements, virus and malicious code, and denial-of-service attacks.</p>
<p style="text-align: justify; ">“The Pentagon got hacked, right? You haven’t closed down the Pentagon as yet,” said Piyush Goyal, a minister. “These things will happen, and we have to be one step ahead of the hackers and the so-called security breaches and continuously improving and improvising as they do in America or other developed economies.”</p>
<p style="text-align: justify; ">In October, top banks had to fix the security codes of about 3.2 million debit cards in one of the biggest data breaches in India. Some users complained that their cards had been used in China.</p>
<p style="text-align: justify; ">Last month, <a href="https://www.washingtonpost.com/news/worldviews/wp/2016/12/12/the-man-hacking-indias-rich-and-powerful-talks-motives-music-drugs-and-next-targets/?utm_term=.33bc426ae67a">hackers</a> attacked Twitter and email accounts of prominent politicians and journalists and defaced the website of the National Security Guard, an elite commando force.</p>
<p style="text-align: justify; ">“The focus of global hackers has shifted to India. The cyber risk is a direct fallout of the growth in the number of digital users,” said Saket Modi, the chief executive of Lucideus Tech, the firm that conducted the security audit of the government’s Bhim app.</p>
<p style="text-align: justify; ">Since the cash crunch began, the largest private e-wallet company, Paytm, has experienced a 400 percent jump in new downloads.</p>
<p style="text-align: justify; ">But only <a href="http://gadgets.ndtv.com/telecom/news/mobile-internet-subscribers-in-india-reached-34265-million-in-march-sinha-863186" shape="rect">342 million people</a> access the Internet on their mobile phones. The government has introduced dial-in service for those who have basic cellphones to make digital payments.</p>
<p style="text-align: justify; ">The government is airing radio jingles telling citizens not to share their personal identification numbers and has a toll-free helpline to teach people how to make online payments.</p>
<p style="text-align: justify; ">“Officials understand how security worries can be a big dampener in their campaign to get people to go digital,” said Vinayak Godse, senior director at the Data Security Council of India, an industry body that advises the government.</p>
<p style="text-align: justify; ">But in a trade-off between convenience and security, the central bank recently <a href="http://tech.economictimes.indiatimes.com/news/internet/payment-firms-applaud-rbis-move-to-relax-2-factor-authentication-for-small-value-transactions/55858515">waived</a> the mandatory two-factor authentication for transactions less than $30 online.</p>
<p style="text-align: justify; ">Some cybersecurity experts say that Indians are not ready for this step.</p>
<p style="text-align: justify; ">The police recently arrested a gang in the eastern state of Jharkhand; operators were calling people posing as bank executives and tricking them into sharing their card details. They used the cards to do online shopping and transferred money into their e-wallet accounts.</p>
<p style="text-align: justify; ">“People are gullible and can be threatened or lured to part with their bank details easily. We need as many safeguards as we can have,” said Surendra Kumar, a senior police officer in New Delhi who busted the gang.</p>
<p style="text-align: justify; ">But the biggest problem people face is that police in one state get very little cooperation from those in another state in digital-crime complaints, said Rakshit Tandon, a cybersecurity expert who trains police, military members and school students.</p>
<p style="text-align: justify; ">“Only in big-ticket frauds will police departments from different states coordinate their investigations,” Tandon said. “If a person loses a relatively smaller amount digitally, the case won’t go far. Even though that amount may mean a lot in that person’s life.”</p>
<p style="text-align: justify; "> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/news/washington-post-january-14-2017-rama-lakshmi-millions-of-indians-move-from-cash-to-digital-payments'>http://editors.cis-india.org/internet-governance/news/washington-post-january-14-2017-rama-lakshmi-millions-of-indians-move-from-cash-to-digital-payments</a>
</p>
No publisherpraskrishnaDigital MoneyInternet GovernanceDigital GovernanceDigital Economy2017-01-16T02:52:33ZNews ItemFake Narendra Modi apps aplenty, but it’s up to users to protect themselves
http://editors.cis-india.org/internet-governance/news/indian-express-december-2-2016-fake-narendra-modi-apps-aplenty-but-it-is-up-to-users-to-protect-themselves
<b>The app, hosted on Google Play store, automatically gets excessive permission including full network access and ability to take pictures and videos once downloaded.</b>
<p>The article was <a class="external-link" href="http://indianexpress.com/article/india/this-fake-narendra-modi-app-can-secretly-take-pictures-shoot-videos-using-your-phone-4407400/">published by Indian Express</a> on December 2, 2016. Pranesh Prakash was quoted. Also see Nandini Yadav's blog post in <a class="external-link" href="http://www.bgr.in/news/beware-of-the-fake-narendra-modi-app-on-google-play-store/">BGR</a> on December 3, 2016.</p>
<hr />
<p style="text-align: justify; "><img alt="modi3" class="size-full wp-image-4407413" src="http://images.indianexpress.com/2016/12/modi3.jpeg" /></p>
<p style="text-align: justify; ">The app, hosted on Google Play store, automatically gets excessive permission including full network access and ability to take pictures and videos once downloaded.</p>
<p style="text-align: justify; ">A “<a href="http://indianexpress.com/about/narendra-modi">Narendra Modi</a>” app, purportedly offered by the Government of India, caught the attention of Internet expert Pranesh Prakash on Thursday as the app developer was found to be using a Bangladesh-based web host and e-mail address. Suggesting that this could be the work of a con-artist, Prakash underlined that granting access to fake apps could lead to security breach. The app, hosted on <a href="http://indianexpress.com/about/google/">Google</a> Play store, automatically gets excessive permission including full network access and ability to take pictures and videos once downloaded. The original NaMo, however, only gets access to read, modify and delete the user’s media files. The “fake” app was downloaded more than 1 lakh times and has an average rating of 4.4 from over 2,000 reviews. A simple search on the play store throws up dozens of Narendra Modi apps, some even calling themselves fake apps. The original app was published by Narendramodi.in and Government Of India. But there are scores of other apps trying to imitate the original.</p>
<p style="text-align: justify; "><img src="http://editors.cis-india.org/home-images/NMApp.png" alt="Narendra Modi App" class="image-inline" title="Narendra Modi App" /></p>
<p style="text-align: justify; "><img src="http://editors.cis-india.org/home-images/NMApp.png" alt="Narendra Modi App" class="image-inline" title="Narendra Modi App" /></p>
<p style="text-align: justify; ">Pranesh, who is Policy Director at The Centre for Internet and Society, also questioned how users can differentiate between fake and genuine apps when even the official app was registered using a gmail address. While the Government of India Narendra Modi app has been published using info@narendramodi.press, the one by Narendramodi.in has been published using a simple Gmail app. He also highlighted how the play store was flooded with fake banking apps, with one such “SBI app” gaining full access to the user’s files. Incidentally, the fake Modi Ki Note app which has been in the limelight since the demonetisation on high value notes and issue of new ones itself has many duplicates.</p>
<p style="text-align: justify; ">In the last two days, the Congress and its vice-president Rahul Gandhi fell victim to hacking as their verified Twitter accounts were compromised. Profane content was shared from both accounts, targeting the Gandhi and his family. This lead to the Congress questioning Prime Minister Narendra Modi’s digital India push as security remains a huge concern.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/news/indian-express-december-2-2016-fake-narendra-modi-apps-aplenty-but-it-is-up-to-users-to-protect-themselves'>http://editors.cis-india.org/internet-governance/news/indian-express-december-2-2016-fake-narendra-modi-apps-aplenty-but-it-is-up-to-users-to-protect-themselves</a>
</p>
No publisherpraskrishnaDigital IndiaInternet GovernanceDigital GovernancePrivacy2016-12-10T04:24:24ZNews ItemWorkshop on 'Privacy after Big Data' (Delhi, November 12)
http://editors.cis-india.org/internet-governance/events/privacy-after-big-data-delhi-nov-12-2016
<b>The Centre for Internet and Society (CIS) and the Sarai programme, CSDS, invite you to a workshop on 'Privacy after Big Data: What Changes? What should Change?' on Saturday, November 12. This workshop aims to build a dialogue around some of the key government-led big data initiatives in India and elsewhere that are contributing significant new challenges and concerns to the ongoing debates on the right to privacy. It is an open event. Please register to participate.</b>
<p> </p>
<h4>Invitation note and agenda: <a href="https://github.com/cis-india/website/raw/master/docs/CIS-Sarai_PrivacyAfterBigData_ConceptAgenda.pdf">Download</a> (PDF)</h4>
<hr />
<h3>Venue and RSVP</h3>
<p><strong>Venue:</strong> Centre for the Study of Developing Societies 29, Rajpur Road, Civil Lines, Delhi 110054.</p>
<p><strong>Location on Google Maps:</strong> <a href="https://www.google.com/maps/place/CSDS/@28.677775,77.2162523,17z/">https://www.google.com/maps/place/CSDS/@28.677775,77.2162523,17z/</a>.</p>
<p><strong>Registration:</strong> <a href="https://goo.gl/forms/py0Q0u8rMppu4smE3">Complete this form</a>.</p>
<h3>Concept Note</h3>
<p>In this age of big data, discussions about privacy are intertwined with the use of technology and the data deluge. Though big data possesses enormous value for driving innovation and contributing to productivity and efficiency, privacy concerns have gained significance in the dialogue around regulated use of data and the means by which individual privacy might be compromised through means such as surveillance, or protected. The tremendous opportunities big data creates in varied sectors ranges from financial technology, governance, education, health, welfare schemes, smart cities to name a few.</p>
<p>With the UID (“Aadhaar”) project re-animating the Right to Privacy debate in India, and the financial technology ecosystem growing rapidly, striking a balance between benefits of big data and privacy concerns is a critical policy question that demands public dialogue and research to inform an evidence based decision.</p>
<p>Also, with the advent of potential big data initiatives like the ambitious Smart Cities Mission under the Digital India Scheme, which would rely on harvesting large data sets and the use of analytics in city subsystems to make public utilities and services efficient, the tasks of ensuring data security on one hand and protecting individual privacy on the other become harder.</p>
<p>As key privacy principles are at loggerheads with big data activities, it is important to consider privacy as an embedded component in the processes, systems and projects, rather than being considered as an afterthought. These examples highlight the current state of discourse around data protection and privacy in India and the shapes they are likely to take in near future.</p>
<p>This workshop aims to build a dialogue around some of the key government-led big data initiatives in India and elsewhere that are contributing significant new challenges and concerns to the ongoing debates on the right to privacy.</p>
<h3>Agenda</h3>
<h4>09:00-09:30 Tea and Coffee</h4>
<h4>09:30-10:00 Introduction</h4>
<p><a href="#amber">Mr. Amber Sinha</a> and <a href="#sandeep">Mr. Sandeep Mertia</a><br />
<em>This session will introduce the topic of the workshop in the context of the ongoing works at CIS and Sarai.</em></p>
<h4>10:00-11:00 From Privacy Bill(s) to ‘Habeas Data’</h4>
<p><a href="#usha">Dr. Usha Ramanathan</a> and <a href="#vipul">Mr. Vipul Kharbanda</a><br />
<em>This session will present a brief history of the privacy bill(s) in India and end with reflections on ‘habeas data’ as a lens for thinking and actualising privacy after big data.</em></p>
<h4>11:00-11:30 Tea and Coffee</h4>
<h4>11:30-12:30 Digital ID, Data Protection, and Exclusion</h4>
<p><a href="#amelia">Ms. Amelia Andersdotter</a> and <a href="#srikanth">Mr. Srikanth Lakshmanan</a><br />
<em>This session will discuss national centralised digital ID systems, often operating at a cross-functional scale, and highlight its implications for discussions on data protection, welfare governance, and exclusion from public and private services.</em></p>
<h4>12:30-13:30 Digital Money and Financial Inclusion</h4>
<p><a href="#anupam">Dr. Anupam Saraph</a> and <a href="#astha">Ms. Astha Kapoor</a><br />
<em>This session will focus on the rise of digital banking and online payments as core instruments of financial inclusion in India, especially in the context of the Jan Dhan Yojana and UPI, and reflect on the concerns around privacy and financial data.</em></p>
<h4>13:30-14:30 Lunch</h4>
<h4>14:30-15:30 Big Data and Mass Surveillance</h4>
<p><a href="#anja">Dr. Anja Kovacs</a> and <a href="#matthew">Mr. Matthew Rice</a><br />
<em>This session will reflect on the rise of mass communication surveillance across the world, and the evolving challenges of regulating il/legal surveillance by government agencies.</em></p>
<h4>15:30-16:15 Privacy is (a) Right</h4>
<p><a href="#apar">Mr. Apar Gupta</a> and <a href="#kritika">Ms. Kritika Bhardwaj</a><br />
<em>This brief session is to share initial ideas and strategies for articulating and actualising a constitutional right to privacy in India.</em></p>
<h4>16:15-16:30 Tea and Coffee</h4>
<h4>16:30-17:30 Round Table</h4>
<p><em>An open discussion session to conclude the workshop.</em></p>
<h3>Speakers</h3>
<h4 id="amber">Mr. Amber Sinha</h4>
<p>Amber works on issues surrounding privacy, big data, and cyber security. He is interested in the impact of emerging technologies like artificial intelligence and learning algorithms on existing legal frameworks, and how they need to evolve in response. Amber studied humanities and law at National Law School of India University, Bangalore.</p>
<p>E-mail: amber at cis-india dot org.</p>
<p>Twitter: <a href="https://twitter.com/ambersinha07">@ambersinha07</a>.</p>
<h4 id="amelia">Ms. Amelia Andersdotter</h4>
<p>Amelia Andersdotter has been a Member of the European Parliament. She works on practical implications of data protection laws and consumer information security in Sweden, and digital rights in the Europe in general. Presently she is residing in Bangalore, where she is a visiting scholar with Centre for Internet and Society. She holds a BSc in Mathematics.</p>
<p>URL: <a href="https://dataskydd.net">https://dataskydd.net</a>.</p>
<p>Twitter: <a href="https://twitter.com/teirdes">@teirdes</a>.</p>
<h4 id="anja">Dr. Anja Kovacs</h4>
<p>Dr. Anja Kovacs directs the Internet Democracy Project in Delhi, India, which works for an Internet that supports free speech, democracy and social justice in India and beyond. Anja’s research and advocacy focuses especially on questions regarding freedom of expression, cybersecurity and the architecture of Internet governance. She has been a member of the of the Investment Committee of the Digital Defenders Partnership and of the Steering Committee of Best Bits, a global network of civil society members. She has also worked as an international consultant on Internet issues, including for the Independent Commission on Multilateralism, the United Nations Development Programme Asia Pacific and the UN Special Rapporteur on Freedom of Expression, Mr. Frank La Rue, as well as having been a Fellow at the Centre for Internet and Society in Bangalore, India.</p>
<p>Internet Democracy Project: <a href="https://internetdemocracy.in/">https://internetdemocracy.in</a>.</p>
<p>Twitter: <a href="https://twitter.com/anjakovacs">@anjakovacs</a>.</p>
<h4 id="anupam">Dr. Anupam Saraph</h4>
<p>Anupam Saraph has extensively researched India's UID number that has been widely regarded as the game changer in development programs. It has come to be linked with both public and private databases and become the requirement for access to entitlements, benefits, services and rights. Dr. Saraph, who has the design of at least two identification programs to his credit has researched the UID’s functional creep since its inception.</p>
<p>He has been dissecting the myths of what the UID is or is not. He has also tracked the consequences of its linkages on databases that protect national security, sovereignty, democratic status and the entire banking and money system in India. He has also highlighted the implications of its use for targeted delivery of cash subsidies from the Consolidated Fund of India. He has written and lectured widely about the devastating impact of the UID number on development programs, national security and the governability of India.</p>
<p>As a Professor of Systems, Governance and Decision Sciences, Environmental Systems and Business he mentors students and teaches systems, information systems, environmental systems and sustainable development at universities in Europe, Asia and the Americas. He has worked with the Rensselaer Polytechnic Institute, Rijksuniversitiet Groningen, RIVM, University of Edinburgh, Resource Use Institute, Systems Research Institute among others. Dr. Saraph has had the unique distinction of being India’s only person who has held the only office of a City CIO in India, in a PPP arrangement with government, industry and himself. He has also been the first e-governance Advisor to a State government. Dr. Saraph has held CxO and ministerial level positions and serves as an independent director on the boards of Public and Private Sector companies and NGOs. He is also the President of the Nagrik Chetna Manch, an NGO charged with the mission to bring accountability in governance.</p>
<p>Dr. Saraph is also actively engaged in civil society where he participates in several environmental, resource and nature conservation initiatives, has authored draft legislations for river and natural resource conservation, right to good governance and has contributed to governance, election and democratic reforms. Dr. Saraph is a regular columnist in newspapers and writes on issues of governance, future design, technology and education from a systems perspective.</p>
<p>Dr. Saraph is also actively engaged in civil society where he participates in several environmental, resource and nature conservation initiatives, has authored draft legislations for river and natural resource conservation, right to good governance and has contributed to governance, election and democratic reforms. Dr. Saraph is a regular columnist in newspapers and writes on issues of governance, future design, technology and education from a systems perspective.</p>
<p>Dr. Saraph is also actively engaged in civil society where he participates in several environmental, resource and nature conservation initiatives, has authored draft legislations for river and natural resource conservation, right to good governance and has contributed to governance, election and democratic reforms. Dr. Saraph is a regular columnist in newspapers and writes on issues of governance, future design, technology and education from a systems perspective.</p>
<p>As a future designer and recognized as a global expert on complex systems he helps individuals and organisations understand and design the future of their worlds. Together they address the toughest challenges, accomplish missions and achieve business goals. He also supports building capacity to address the challenges of today as well as to build future designs through teams and effective leadership. Since the eighties Dr. Saraph has modeled complex systems of cities, countries, regions and even the planet. His models have been awarded internationally and even placed in 10-year permanent exhibitions.</p>
<p>Dr Saraph works with business and government executives, civil society leaders, politicians, generals, civil servants, police, trade unionists, community activists, United Nations and ASEAN officials, judges, writers, media, architects, designers, technologists, scientists, entrepreneurs, board members and business leaders of small, mid and large single and trans-national companies, religious leaders and artists across a dozen countries and various industry sectors to help them and their organisations succeed in their missions. He advises the World Economic Forum through its Global Agenda Council for Complex Systems and the Club of Rome, Indian National Association as a founder life member.</p>
<p>Dr Saraph holds a PhD in designing sustainable systems from the faculty of Mathematics and Natural Sciences of the Rijksuniversiteit Groningen, the Netherlands.</p>
<p>Website: <a href="http://anupam.saraph.in/">http://anupam.saraph.in</a>.</p>
<p>Twitter: <a href="https://twitter.com/anupamsaraph">@anupamsaraph</a>.</p>
<h4 id="apar">Mr. Apar Gupta</h4>
<p>Apar Gupta practices law in Delhi. He is also one of the co-founders of the Internet Freedom Foundation. His work and writing on public interest issues can be accessed at his personal website <a href="http://www.apargupta.com/">www.apargupta.com</a>.</p>
<p>Twitter: <a href="https://twitter.com/aparatbar">@aparatbar</a>.</p>
<h4 id="astha">Ms. Astha Kapoor</h4>
<p>Astha Kapoor is a public policy strategy consultant working on financial inclusion and digital payments. Currently, she is working with MicroSave. Her tasks involve a focus on government to people (G2P) payments - and her work spans strategy, advisory and evaluation with the DBT Mission, Office of the Chief Economic Advisor, NITI Aayog and ministries pertaining to food, fuel and fertilizer. She recently designed a pilot to digitize uptake of fertilizers in Krishna district, and evaluated the newly introduced coupon system in the Public Distribution System in Bengaluru.</p>
<p>Twitter: <a href="https://twitter.com/kapoorastha">@kapoorastha</a>.</p>
<h4 id="kritika">Ms. Kritika Bhardwaj</h4>
<p>Kritika Bhardwaj works as a Programme Officer at the Centre for Communication Governance (CCG), National Law University, Delhi. Her main areas of research are privacy and data protection. At CCG, she has written about the privacy implications of several contemporary issues such as Aadhaar (India's unique identification project), cloud computing and the right to be forgotten. A lawyer by training, Kritika has a keen interest in information law and human rights law.</p>
<p>Centre for Communication Governance, NLU Delhi: <a href="http://ccgdelhi.org/">http://ccgdelhi.org</a>.</p>
<p>Twitter: <a href="https://twitter.com/Kritika12">@Kritika12</a>.</p>
<h4 id="matthew">Mr. Matthew Rice</h4>
<p>Matthew Rice is an Advocacy Officer at Privacy International working across the organisation engaging with international partners and strengthening their capacity on communications surveillance issues. He has previously worked at Privacy International as a consultant building the Surveillance Industry Index, the largest publicly available database on the private surveillance sector ever assembled. Matthew graduated from University of Aberdeen with an LLB (Hons.) and also has an MA in Human Rights from University College London.</p>
<p>Privacy International: <a href="https://privacyinternational.org/">https://privacyinternational.org</a>.</p>
<p>Twitter: <a href="https://twitter.com/mattr3">@mattr3</a>.</p>
<h4 id="sandeep">Mr. Sandeep Mertia</h4>
<p>Sandeep Mertia is a Research Associate at The Sarai Programme, Centre for the Study of Developing Societies, Delhi. He is an ICT engineer by training with research interests in Science & Technology Studies, Software Studies
and Anthropology. He is conducting an ethnographic study of emerging modes of data-driven knowledge production in the social sector.</p>
<p>Sarai: <a href="http://sarai.net/">http://sarai.net</a>.</p>
<p>Twitter: <a href="https://twitter.com/SandeepMertia">@SandeepMertia</a>.</p>
<p>Academia: <a href="https://daiict.academia.edu/SandeepMertia">https://daiict.academia.edu/SandeepMertia</a>.</p>
<h4 id="srikanth">Mr. Srikanth Lakshmanan</h4>
<p>Srikanth is a software professional with interests in Internet, follower of Internet policy discussions, volunteers for multiple online campaigns related to Internet. He is also fascinated by FOSS, opendata, localization,
Wikipedia, maps, public transit, civic tech and occasionally contributes to them.</p>
<p>Site: <a href="http://www.srik.me/">http://www.srik.me</a>.</p>
<p>Twitter: <a href="https://twitter.com/logic">@logic</a>.</p>
<h4 id="vipul">Mr. Vipul Kharbanda</h4>
<p>Vipul Kharbanda is a consultant with the Center for Internet and Society, Bangalore. After finishing his BA.LLB.(Hons.) from National Law School of India University in Bangalore, he worked for India’s largest corporate law firm for two and a half years in their Mumbai office for two years working primarily on the financing of various infrastructure projects such as Power Plants, Roads, Airports, etc. Since quitting his corporate law job, Vipul has been working as the Associate Editor in a legal publishing house which has been publishing legal books and journals for the last 90 years in India. He has also been involved with the Center for Internet and Society as a Consultant working primarily on issues related to privacy and surveillance.</p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/events/privacy-after-big-data-delhi-nov-12-2016'>http://editors.cis-india.org/internet-governance/events/privacy-after-big-data-delhi-nov-12-2016</a>
</p>
No publishersumandroData SystemsDigital GovernancePrivacyData RevolutionSurveillanceBig DataDigital IndiaInternet GovernanceBig Data for DevelopmentDigital Rights2016-11-12T10:14:52ZEventWorkshop on Democratic Accountability in the Digital Age (Delhi, November 14-15)
http://editors.cis-india.org/internet-governance/events/workshop-on-democratic-accountability-in-the-digital-age-delhi-november-14-15
<b>IT for Change, along with Centre for Internet and Society (CIS), Digital Empowerment Foundation (DEF), Mazdoor Kisan Shakti Sangathan (MKSS) and National Campaign for People’s Right to Information (NCPRI), is organising a two day workshop on ‘Democratic Accountability in the Digital Age’. The workshop will focus on evolving a comprehensive policy approach to data based governance and digital democracy, grounded in a rights and social justice framework. It will be held at the United Service Institution of India, Delhi, during November 14-15, 2016. The CIS team to participate in the workshop includes Sumandro Chattapadhyay (speaker), Amber Sinha (speaker), Vanya Rakesh (participant), and Himadri Chatterjee (participant).</b>
<p> </p>
<p>The workshop aims to:</p>
<ul><li>
<p>Discuss the institutional norms, rules and practices appropriate to the rise of ‘governance by networks’ and ‘rule by data’ that can guarantee democratic accountability and citizen participation, and</p>
</li>
<li>
<p>Articulate the steps to claim the civic-public value of digital technologies so that data and the new possibilities for networking are harnessed for a vibrant grassroots democracy.</p>
</li></ul>
<p>We hope the workshop can create a civil society coalition that can build effective strategies for legal and policy reform to further participatory democracy in the digital age. On the first day, the workshop will set the context through knowledge sharing and thematic presentations and discussions. On the second day, we aim to concretize strategies for collective action to further democratic accountability in the digital age.</p>
<hr />
<h4><a href="http://itforchange.net/mavc/wp-content/uploads/2016/11/Workshop-Agenda-Democratic-accountability-in-the-digital-age-14-to-15-Nov-2016-2.pdf">Workshop Agenda</a> (PDF)</h4>
<h4><a href="http://itforchange.net/mavc/wp-content/uploads/2016/10/Background-note-for-workshop-on-Democracy-in-Digital-Age-Sep21.odt">Background Note</a> (ODT)</h4>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/events/workshop-on-democratic-accountability-in-the-digital-age-delhi-november-14-15'>http://editors.cis-india.org/internet-governance/events/workshop-on-democratic-accountability-in-the-digital-age-delhi-november-14-15</a>
</p>
No publishersumandroDigital IDDigital GovernancePrivacyUIDInternet GovernanceAccountabilityDigital IndiaAadhaarWelfare GovernanceE-GovernanceDigital Rights2016-12-15T09:27:22ZEventWho Owns Your Phone?
http://editors.cis-india.org/raw/indian-express-nishant-shah-september-18-2016-who-owns-your-phone
<b>The capacity of companies to defy standards that work tells an alarming story of what we lose when we lose control of our devices.</b>
<p style="text-align: justify; ">The article was <a class="external-link" href="http://indianexpress.com/article/technology/social/who-owns-your-phone-3035925/">published in Indian Express</a> on September 18, 2016.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; ">We have a conflicted relationship with our digital devices. On the one hand, everything we own is cutting-edge — your regular smartphone does computation that is more advanced and powerful than the computers currently functioning on the space probe on Mars. On the other, everything that we own, is almost on the verge of becoming old — by the time you are used to your phone, a new model with a different letter or a number is in the market. The TV screen which was the crowning glory of your house now feels old because it is not thin enough, sleek enough or big enough; waiting to be replaced by the Next Big Thing.<br /><br />Strangely, the Next Big Thing is never really big enough for it to have longevity. The next phone that you buy, the new laptop you covet, the app that you update, will already feel temporary. Patricia Fitzpatrick, a historian of new media, calls this phenomenon “Planned Obsolescence”. It means that private corporations think of their digital products as fast-moving and ready to die. They might sell the phone with a 10-year guarantee, but the only guarantee that exists is that in 10 years, they will have discontinued all support for that phone, and you will have forgotten that you owned that device. Planned Obsole-scence is a marketing strategy, where everything that is introduced as a technological innovation has a limited shelf-life and is made to be replaced by something new.<br /><br />What is interesting about this strategy is that it doesn’t mean that your device has become redundant. In fact, even as you desire the new, you know perfectly well that your existing device has many years of functionality. Hence, the companies often produce the new as path-breaking, innovative and futuristic. They want you to feel primitive or out-of-touch by introducing features that you don’t need, transforming the familiar and the habitual device with something that becomes alien, enchanting and mystical.</p>
<p style="text-align: justify; "><iframe frameborder="0" height="260" scrolling="auto" src="http://content.jwplatform.com/players/faRwxnwA-xe0BVfqu.html" width="320"></iframe></p>
<p style="text-align: justify; ">While planned obsolescence has its value — it propels innovation and pushes at the boundary of what is possible — it also needs to be understood as a marketing strategy that keeps us consuming as part of our digital habits. One of the best examples to understand this trend is Apple’s latest announcement that it has removed the standard earphone jack from its new iPhone7 and is presenting us with wireless earplugs that work with the new phone. Apple insists that this is the future, and in its hyperbolic presentation, announced that by removing one of the most enduring industry standard for audio hardware, they are revolutionising the future of music listening.</p>
<p style="text-align: justify; ">This comes particularly as a shock because ever since the 1990s, Apple’s iconic presence in the music industry has been the white dangling ear-bud wire against black silhouettes, marking the Apple music device as a sign of privacy, maturity, creativity, and elite affordability. By replacing recognisable image with a new one is the company’s way of signalling that every Apple device you now own is ready for trash. It is letting you know that your older Apple music player now needs to be replaced by a new one that uses the wireless ear buds. That the only way you can now listen to music on an Apple iPhone is on Apple’s own standards, so that the regular industry hardware will no longer work with this unique phone that eschews universal standards and seeks to create private monopolies.</p>
<p style="text-align: justify; ">The missing headphone jack in the iPhone 7 is a resounding testimony to what happens when we make our digital hardware subject to closed development and production. Instead of building phones that are more durable, more efficient, more connected, more affordable, and more versatile, Apple just showed us how a private company can arrogantly define the future, by turning almost every existing device into “primitive” or “incompatible” with the new phones that it is making. The capacity of companies like Apple to defy standards that work and build their own unique hardware tells an alarming story of what we lose when we lose control of our devices. The digital cultures scholar Wendy Chun had once sagaciously written, “the more our devices turn transparent, the more opaque they become”. And Apple’s move towards making your new iPhone seamless and without holes, mimics how the phone is being designed to both kill fast and die early, promoting corporate ambitions over public interest.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/indian-express-nishant-shah-september-18-2016-who-owns-your-phone'>http://editors.cis-india.org/raw/indian-express-nishant-shah-september-18-2016-who-owns-your-phone</a>
</p>
No publishernishantDigital GovernanceResearchDigital MediaRAW ResearchResearchers at Work2016-09-18T16:18:35ZBlog EntryUIDAI and Welfare Services: Exclusion and Countermeasures (Bangalore, August 27)
http://editors.cis-india.org/internet-governance/events/uidai-and-welfare-services-exclusion-and-countermeasures-aug-27
<b>The Centre for Internet and Society (CIS) invites you to a one day workshop, on Saturday, August 27, 2016, to discuss, raise awareness of, and devise countermeasures to exclusion due to implementation of UID-based verification for and distribution of welfare services. We look forward to making this a forum for knowledge exchange and a learning opportunity for our friends and colleagues.</b>
<p> </p>
<h3>Invitation</h3>
<p><a href="http://cis-india.org/internet-governance/files/uidai-and-welfare-services-exclusion-and-countermeasures/at_download/file">Download</a> (PDF)</p>
<p> </p>
<h3>Venue</h3>
<p>Institution of Agricultural Technologists, No. 15, Queen’s Road, Bangalore, 560 052.</p>
<p>Location on Google Map: <a href="https://www.google.com/maps/place/Institution+of+Agricultural+Technologists/" target="_blank">https://www.google.com/maps/place/Institution+of+Agricultural+Technologists/</a>.</p>
<p> </p>
<h3>Agenda</h3>
<p><strong>10:00-10:30</strong> Tea and Coffee</p>
<p><strong>10:30-11:00</strong> Introductions and Updates from Delhi Workshop</p>
<p><strong>11:00-12:45</strong> Reconfiguration of Welfare Governance by UIDAI</p>
<p><strong>12:45-14:00</strong> Lunch</p>
<p><strong>14:00-15:00</strong> Updates on Ongoing Cases against UIDAI</p>
<p><strong>15:00-15:15</strong> Tea and Coffee</p>
<p><strong>15:15-16:45</strong> Open Discussion on Countering Welfare Exclusion</p>
<p><strong>16:45-17:00</strong> Tea and Coffee</p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/events/uidai-and-welfare-services-exclusion-and-countermeasures-aug-27'>http://editors.cis-india.org/internet-governance/events/uidai-and-welfare-services-exclusion-and-countermeasures-aug-27</a>
</p>
No publishersumandroExclusionDigital GovernancePrivacyInternet GovernanceDigital IndiaAadhaarWelfare GovernanceUID2016-08-22T13:25:03ZEventSummary Report Internet Governance Forum 2015
http://editors.cis-india.org/internet-governance/blog/summary-report-internet-governance-forum-2015
<b>Centre for Internet and Society (CIS), India participated in the Internet Governance Forum (IGF) held at Poeta Ronaldo Cunha Lima Conference Center, Joao Pessoa in Brazil from 10 November 2015 to 13 November 2015. The theme of IGF 2015 was ‘Evolution of Internet Governance: Empowering Sustainable Development’. Sunil Abraham, Pranesh Prakash & Jyoti Panday from CIS actively engaged and made substantive contributions to several key issues affecting internet governance at the IGF 2015. The issue-wise detail of their engagement is set out below. </b>
<p align="center" style="text-align: left;"><strong>INTERNET
GOVERNANCE</strong></p>
<p align="justify">
I. The
Multi-stakeholder Advisory Group to the IGF organised a discussion on
<em><strong>Sustainable
Development Goals (SDGs) and Internet Economy</strong></em><em>
</em>at
the Main Meeting Hall from 9:00 am to 12:30 pm on 11 November, 2015.
The
discussions at this session focused on the importance of Internet
Economy enabling policies and eco-system for the fulfilment of
different SDGs. Several concerns relating to internet
entrepreneurship, effective ICT capacity building, protection of
intellectual property within and across borders were availability of
local applications and content were addressed. The panel also
discussed the need to identify SDGs where internet based technologies
could make the most effective contribution. Sunil
Abraham contributed to the panel discussions by addressing the issue
of development and promotion of local content and applications. List
of speakers included:</p>
<ol>
<li>
<p align="justify">
Lenni
Montiel, Assistant-Secretary-General for Development, United Nations</p>
</li><li>
<p align="justify">
Helani
Galpaya, CEO LIRNEasia</p>
</li><li>
<p align="justify">
Sergio
Quiroga da Cunha, Head of Latin America, Ericsson</p>
</li><li>
<p align="justify">
Raúl
L. Katz, Adjunct Professor, Division of Finance and Economics,
Columbia Institute of Tele-information</p>
</li><li>
<p align="justify">
Jimson
Olufuye, Chairman, Africa ICT Alliance (AfICTA)</p>
</li><li>
<p align="justify">
Lydia
Brito, Director of the Office in Montevideo, UNESCO</p>
</li><li>
<p align="justify">
H.E.
Rudiantara, Minister of Communication & Information Technology,
Indonesia</p>
</li><li>
<p align="justify">
Daniel
Sepulveda, Deputy Assistant Secretary, U.S. Coordinator for
International and Communications Policy at the U.S. Department of
State </p>
</li><li>
<p align="justify">
Deputy
Minister Department of Telecommunications and Postal Services for
the republic of South Africa</p>
</li><li>
<p align="justify">
Sunil
Abraham, Executive Director, Centre for Internet and Society, India</p>
</li><li>
<p align="justify">
H.E.
Junaid Ahmed Palak, Information and Communication Technology
Minister of Bangladesh</p>
</li><li>
<p align="justify">
Jari
Arkko, Chairman, IETF</p>
</li><li>
<p align="justify">
Silvia
Rabello, President, Rio Film Trade Association</p>
</li><li>
<p align="justify">
Gary
Fowlie, Head of Member State Relations & Intergovernmental
Organizations, ITU</p>
</li></ol>
<p align="justify">
Detailed
description of the workshop is available here
<a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">http</a><a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">://</a><a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">www</a><a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">.</a><a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">intgovforum</a><a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">.</a><a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">org</a><a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">/</a><a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">cms</a><a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">/</a><a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">igf</a><a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">2015-</a><a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">main</a><a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">-</a><a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">sessions</a><u>
</u></p>
<p align="justify">
Transcript
of the workshop is available here
<u><a href="http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2327-2015-11-11-internet-economy-and-sustainable-development-main-meeting-room">http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2327-2015-11-11-internet-economy-and-sustainable-development-main-meeting-room</a></u></p>
<p align="justify">
Video
link Internet
economy and Sustainable Development here
<a href="https://www.youtube.com/watch?v=D6obkLehVE8">https://www.youtube.com/watch?v=D6obkLehVE8</a></p>
<p align="justify"> II.
Public
Knowledge organised a workshop on <em><strong>The
Benefits and Challenges of the Free Flow of Data </strong></em>at
Workshop Room
5 from 11:00 am to 12:00 pm on 12 November, 2015. The discussions in
the workshop focused on the benefits and challenges of the free flow
of data and also the concerns relating to data flow restrictions
including ways to address
them. Sunil
Abraham contributed to the panel discussions by addressing the issue
of jurisdiction of data on the internet. The
panel for the workshop included the following.</p>
<ol>
<li>
<p align="justify">
Vint
Cerf, Google</p>
</li><li>
<p align="justify">
Lawrence
Strickling, U.S. Department of Commerce, NTIA</p>
</li><li>
<p align="justify">
Richard
Leaning, European Cyber Crime Centre (EC3), Europol</p>
</li><li>
<p align="justify">
Marietje
Schaake, European Parliament</p>
</li><li>
<p align="justify">
Nasser
Kettani, Microsoft</p>
</li><li>
<p align="justify">
Sunil
Abraham, CIS
India</p>
</li></ol>
<p align="justify">
Detailed
description of the workshop is available here
<a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">http</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">://</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">www</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">.</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">intgovforum</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">.</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">org</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">/</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">cms</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">/</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">workshops</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">/</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">list</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">-</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">of</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">-</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">published</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">-</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">workshop</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">-</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">proposals</a><u>
</u></p>
<p align="justify">
Transcript
of the workshop is available here
<a href="http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2467-2015-11-12-ws65-the-benefits-and-challenges-of-the-free-flow-of-data-workshop-room-5">http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2467-2015-11-12-ws65-the-benefits-and-challenges-of-the-free-flow-of-data-workshop-room-5</a></p>
<p align="justify">
Video link https://www.youtube.com/watch?v=KtjnHkOn7EQ</p>
<p align="justify"> III.
Article
19 and
Privacy International organised a workshop on <em><strong>Encryption
and Anonymity: Rights and Risks</strong></em>
at Workshop Room 1 from 11:00 am to 12:30 pm on 12 November, 2015.
The
workshop fostered a discussion about the latest challenges to
protection of anonymity and encryption and ways in which law
enforcement demands could be met while ensuring that individuals
still enjoyed strong encryption and unfettered access to anonymity
tools. Pranesh
Prakash contributed to the panel discussions by addressing concerns
about existing south Asian regulatory framework on encryption and
anonymity and emphasizing the need for pervasive encryption. The
panel for this workshop included the following.</p>
<ol>
<li>
<p align="justify">
David
Kaye, UN Special Rapporteur on Freedom of Expression</p>
</li><li>
<p align="justify">
Juan
Diego Castañeda, Fundación Karisma, Colombia</p>
</li><li>
<p align="justify">
Edison
Lanza, Organisation of American States Special Rapporteur</p>
</li><li>
<p align="justify">
Pranesh
Prakash, CIS India</p>
</li><li>
<p align="justify">
Ted
Hardie, Google</p>
</li><li>
<p align="justify">
Elvana
Thaci, Council of Europe</p>
</li><li>
<p align="justify">
Professor
Chris Marsden, Oxford Internet Institute</p>
</li><li>
<p align="justify">
Alexandrine
Pirlot de Corbion, Privacy International</p>
</li></ol>
<p align="justify"><a name="_Hlt435412531"></a>
Detailed
description of the workshop is available here
<a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">http</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">://</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">www</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">.</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">intgovforum</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">.</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">org</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">/</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">cms</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">/</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">worksh</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">o</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">ps</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">/</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">list</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">-</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">of</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">-</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">published</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">-</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">workshop</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">-</a><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">proposals</a><u>
</u></p>
<p align="justify">
Transcript
of the workshop is available here
<a href="http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2407-2015-11-12-ws-155-encryption-and-anonymity-rights-and-risks-workshop-room-1">http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2407-2015-11-12-ws-155-encryption-and-anonymity-rights-and-risks-workshop-room-1</a></p>
<p align="justify">
Video link available here https://www.youtube.com/watch?v=hUrBP4PsfJo</p>
<p align="justify"> IV.
Chalmers
& Associates organised a session on <em><strong>A
Dialogue on Zero Rating and Network Neutrality</strong></em>
at the Main Meeting Hall from 2:00 pm to 4:00 pm on 12 November,
2015. The Dialogue provided access to expert insight on zero-rating
and a full spectrum of diverse
views on this issue. The Dialogue also explored alternative
approaches to zero rating such as use of community networks. Pranesh
Prakash provided
a
detailed explanation of harms and benefits related to different
approaches to zero-rating. The
panellists for this session were the following.</p>
<ol>
<li>
<p align="justify">
Jochai
Ben-Avie, Senior Global Policy Manager, Mozilla, USA</p>
</li><li>
<p align="justify">
Igor
Vilas Boas de Freitas, Commissioner, ANATEL, Brazil</p>
</li><li>
<p align="justify">
Dušan
Caf, Chairman, Electronic Communications Council, Republic of
Slovenia</p>
</li><li>
<p align="justify">
Silvia
Elaluf-Calderwood, Research Fellow, London School of Economics,
UK/Peru</p>
</li><li>
<p align="justify">
Belinda
Exelby, Director, Institutional Relations, GSMA, UK</p>
</li><li>
<p align="justify">
Helani
Galpaya, CEO, LIRNEasia, Sri Lanka</p>
</li><li>
<p align="justify">
Anka
Kovacs, Director, Internet Democracy Project, India</p>
</li><li>
<p align="justify">
Kevin
Martin, VP, Mobile and Global Access Policy, Facebook, USA</p>
</li><li>
<p align="justify">
Pranesh
Prakash, Policy Director, CIS India</p>
</li><li>
<p align="justify">
Steve
Song, Founder, Village Telco, South Africa/Canada</p>
</li><li>
<p align="justify">
Dhanaraj
Thakur, Research Manager, Alliance for Affordable Internet, USA/West
Indies</p>
</li><li>
<p align="justify">
Christopher
Yoo, Professor of Law, Communication, and Computer & Information
Science, University of Pennsylvania, USA</p>
</li></ol>
<p align="justify">
Detailed
description of the workshop is available here
<a href="http://www.intgovforum.org/cms/igf2015-main-sessions" target="_top">http://www.intgovforum.org/cms/igf2015-main-sessions</a></p>
<p align="justify">
Transcript
of the workshop is available here
<a href="http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2457-2015-11-12-a-dialogue-on-zero-rating-and-network-neutrality-main-meeting-hall-2">http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2457-2015-11-12-a-dialogue-on-zero-rating-and-network-neutrality-main-meeting-hall-2</a></p>
<p align="justify"> V.
The
Internet & Jurisdiction Project organised a workshop on
<em><strong>Transnational
Due Process: A Case Study in MS Cooperation</strong></em>
at Workshop Room
4 from 11:00 am to 12:00 pm on 13 November, 2015. The
workshop discussion focused on the challenges in developing an
enforcement framework for the internet that guarantees transnational
due process and legal interoperability. The discussion also focused
on innovative approaches to multi-stakeholder cooperation such as
issue-based networks, inter-sessional work methods and transnational
policy standards. The panellists for this discussion were the
following.</p>
<ol>
<li>
<p align="justify">
Anne
Carblanc Head of Division, Directorate for Science, Technology and
Industry, OECD</p>
</li><li>
<p align="justify">
Eileen
Donahoe Director Global Affairs, Human Rights Watch</p>
</li><li>
<p align="justify">
Byron
Holland President and CEO, CIRA (Canadian ccTLD)</p>
</li><li>
<p align="justify">
Christopher
Painter Coordinator for Cyber Issues, US Department of State</p>
</li><li>
<p align="justify">
Sunil
Abraham Executive Director, CIS India</p>
</li><li>
<p align="justify">
Alice
Munyua Lead dotAfrica Initiative and GAC representative, African
Union Commission</p>
</li><li>
<p align="justify">
Will
Hudsen Senior Advisor for International Policy, Google</p>
</li><li>
<p align="justify">
Dunja
Mijatovic Representative on Freedom of the Media, OSCE</p>
</li><li>
<p align="justify">
Thomas
Fitschen Director for the United Nations, for International
Cooperation against Terrorism and for Cyber Foreign Policy, German
Federal Foreign Office</p>
</li><li>
<p align="justify">
Hartmut
Glaser Executive Secretary, Brazilian Internet Steering Committee</p>
</li><li>
<p align="justify">
Matt
Perault, Head of Policy Development Facebook</p>
</li></ol>
<p align="justify">
Detailed
description of the workshop is available here
<a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals">http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals</a></p>
<p align="justify">
Transcript
of the workshop is available here
<a href="http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2475-2015-11-13-ws-132-transnational-due-process-a-case-study-in-ms-cooperation-workshop-room-4">http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2475-2015-11-13-ws-132-transnational-due-process-a-case-study-in-ms-cooperation-workshop-room-4</a></p>
<p align="justify">
Video
link Transnational
Due Process: A Case Study in MS Cooperation available here <a href="https://www.youtube.com/watch?v=M9jVovhQhd0">https://www.youtube.com/watch?v=M9jVovhQhd0</a></p>
<p align="justify"> VI.
The Internet Governance Project organised a meeting of the
<em><strong>Dynamic
Coalition on Accountability of Internet Governance Venues</strong></em>
at Workshop Room 2 from 14:00
– 15:30 on
12 November, 2015. The coalition
brought together panelists to highlight the
challenges in developing an accountability
framework
for internet governance
venues that include setting up standards and developing a set of
concrete criteria. Jyoti Panday provided the perspective of civil
society on why acountability is necessary in internet governance
processes and organizations. The panelists for this workshop included
the following.</p>
<ol>
<li>
<p>
Robin
Gross, IP Justice</p>
</li><li>
<p>
Jeanette
Hofmann, Director
<a href="http://www.internetundgesellschaft.de/">Alexander
von Humboldt Institute for Internet and Society</a></p>
</li><li>
<p>
Farzaneh
Badiei,
Internet Governance Project</p>
</li><li>
<p>
Erika
Mann,
Managing
Director Public PolicyPolicy Facebook and Board of Directors
ICANN</p>
</li><li>
<p>
Paul
Wilson, APNIC</p>
</li><li>
<p>
Izumi
Okutani, Japan
Network Information Center (JPNIC)</p>
</li><li>
<p>
Keith
Drazek , Verisign</p>
</li><li>
<p>
Jyoti
Panday,
CIS</p>
</li><li>
<p>
Jorge
Cancio,
GAC representative</p>
</li></ol>
<p>
Detailed
description of the workshop is available here
<a href="http://igf2015.sched.org/event/4c23/dynamic-coalition-on-accountability-of-internet-governance-venues?iframe=no&w=&sidebar=yes&bg=no">http://igf2015.sched.org/event/4c23/dynamic-coalition-on-accountability-of-internet-governance-venues?iframe=no&w=&sidebar=yes&bg=no</a></p>
<p>
Video
link https://www.youtube.com/watch?v=UIxyGhnch7w</p>
<p> VII.
Digital
Infrastructure
Netherlands Foundation organized an open forum at
Workshop Room 3
from 11:00
– 12:00
on
10
November, 2015. The open
forum discussed the increase
in government engagement with “the internet” to protect their
citizens against crime and abuse and to protect economic interests
and critical infrastructures. It
brought
together panelists topresent
ideas about an agenda for the international protection of ‘the
public core of the internet’ and to collect and discuss ideas for
the formulation of norms and principles and for the identification of
practical steps towards that goal.
Pranesh Prakash participated in the e open forum. Other speakers
included</p>
<ol>
<li>
<p>
Bastiaan
Goslings AMS-IX, NL</p>
</li><li>
<p>
Pranesh
Prakash CIS, India</p>
</li><li>
<p>
Marilia
Maciel (FGV, Brasil</p>
</li><li>
<p>
Dennis
Broeders (NL Scientific Council for Government Policy)</p>
</li></ol>
<p>
Detailed
description of the open
forum is available here
<a href="http://schd.ws/hosted_files/igf2015/3d/DINL_IGF_Open%20Forum_The_public_core_of_the_internet.pdf">http://schd.ws/hosted_files/igf2015/3d/DINL_IGF_Open%20Forum_The_public_core_of_the_internet.pdf</a></p>
<p>
Video
link available here <a href="https://www.youtube.com/watch?v=joPQaMQasDQ">https://www.youtube.com/watch?v=joPQaMQasDQ</a></p>
<p>
VIII.
UNESCO, Council of Europe, Oxford University, Office of the High
Commissioner on Human Rights, Google, Internet Society organised a
workshop on hate speech and youth radicalisation at Room 9 on
Thursday, November 12. UNESCO shared the initial outcome from its
commissioned research on online hate speech including practical
recommendations on combating against online hate speech through
understanding the challenges, mobilizing civil society, lobbying
private sectors and intermediaries and educating individuals with
media and information literacy. The workshop also discussed how to
help empower youth to address online radicalization and extremism,
and realize their aspirations to contribute to a more peaceful and
sustainable world. Sunil Abraham provided his inputs. Other speakers
include</p>
<p>
1.
Chaired by Ms Lidia Brito, Director for UNESCO Office in Montevideo</p>
<p>
2.Frank
La Rue, Former Special Rapporteur on Freedom of Expression</p>
<p>
3.
Lillian Nalwoga, President ISOC Uganda and rep CIPESA, Technical
community</p>
<p>
4.
Bridget O’Loughlin, CoE, IGO</p>
<p>
5.
Gabrielle Guillemin, Article 19</p>
<p>
6.
Iyad Kallas, Radio Souriali</p>
<p>
7.
Sunil Abraham executive director of Center for Internet and Society,
Bangalore, India</p>
<p>
8.
Eve Salomon, global Chairman of the Regulatory Board of RICS</p>
<p>
9.
Javier Lesaca Esquiroz, University of Navarra</p>
<p>
10.
Representative GNI</p>
<p>
11.
Remote Moderator: Xianhong Hu, UNESCO</p>
<p>
12.
Rapporteur: Guilherme Canela De Souza Godoi, UNESCO</p>
<p>
Detailed
description of the workshop
is available here
<a href="http://igf2015.sched.org/event/4c1X/ws-128-mitigate-online-hate-speech-and-youth-radicalisation?iframe=no&w=&sidebar=yes&bg=no">http://igf2015.sched.org/event/4c1X/ws-128-mitigate-online-hate-speech-and-youth-radicalisation?iframe=no&w=&sidebar=yes&bg=no</a></p>
<p>
Video
link to the panel is available here
<a href="https://www.youtube.com/watch?v=eIO1z4EjRG0">https://www.youtube.com/watch?v=eIO1z4EjRG0</a></p>
<p> <strong>INTERMEDIARY
LIABILITY</strong></p>
<p align="justify">
IX.
Electronic
Frontier Foundation, Centre for Internet Society India, Open Net
Korea and Article 19 collaborated to organize
a workshop on the <em><strong>Manila
Principles on Intermediary Liability</strong></em>
at Workshop Room 9 from 11:00 am to 12:00 pm on 13 November 2015. The
workshop elaborated on the Manila
Principles, a high level principle framework of best practices and
safeguards for content restriction practices and addressing liability
for intermediaries for third party content. The
workshop
saw particpants engaged in over lapping projects considering
restriction practices coming togetehr to give feedback and highlight
recent developments across liability regimes. Jyoti
Panday laid down the key details of the Manila Principles framework
in this session. The panelists for this workshop included the
following.</p>
<ol>
<li>
<p align="justify">
Kelly
Kim Open Net Korea,</p>
</li><li>
<p align="justify">
Jyoti
Panday, CIS India,</p>
</li><li>
<p align="justify">
Gabrielle
Guillemin, Article 19,</p>
</li><li>
<p align="justify">
Rebecca
McKinnon on behalf of UNESCO</p>
</li><li>
<p align="justify">
Giancarlo
Frosio, Center for Internet and Society, Stanford Law School</p>
</li><li>
<p align="justify">
Nicolo
Zingales, Tilburg University</p>
</li><li>
<p align="justify">
Will
Hudson, Google</p>
</li></ol>
<p align="justify">
Detailed
description of the workshop is available here
<a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals</a></p>
<p align="justify">
Transcript
of the workshop is available here
<a href="http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2423-2015-11-13-ws-242-the-manila-principles-on-intermediary-liability-workshop-room-9">http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2423-2015-11-13-ws-242-the-manila-principles-on-intermediary-liability-workshop-room-9</a></p>
<p align="justify">
Video link available here <a href="https://www.youtube.com/watch?v=kFLmzxXodjs">https://www.youtube.com/watch?v=kFLmzxXodjs</a></p>
<p align="justify"> <strong>ACCESSIBILITY</strong></p>
<p align="justify">
X.
Dynamic
Coalition
on Accessibility and Disability and Global Initiative for Inclusive
ICTs organised a workshop on <em><strong>Empowering
the Next Billion by Improving Accessibility</strong></em><em>
</em>at
Workshop Room 6 from 9:00 am to 10:30 am on 13 November, 2015. The
discussion focused on
the need and ways to remove accessibility barriers which prevent over
one billion potential users to benefit from the Internet, including
for essential services. Sunil
Abraham specifically spoke about the lack of compliance of existing
ICT infrastructure with well established accessibility standards
specifically relating to accessibility barriers in the disaster
management process. He discussed the barriers faced by persons with
physical or psychosocial disabilities. The
panelists for this discussion were the following.</p>
<ol>
<li>
<p align="justify">
Francesca
Cesa Bianchi, G3ICT</p>
</li><li>
<p align="justify">
Cid
Torquato, Government of Brazil</p>
</li><li>
<p align="justify">
Carlos
Lauria, Microsoft Brazil</p>
</li><li>
<p align="justify">
Sunil
Abraham, CIS India</p>
</li><li>
<p align="justify">
Derrick
L. Cogburn, Institute on Disability and Public Policy (IDPP) for the
ASEAN(Association of Southeast Asian Nations) Region</p>
</li><li>
<p align="justify">
Fernando
H. F. Botelho, F123 Consulting</p>
</li><li>
<p align="justify">
Gunela
Astbrink, GSA InfoComm</p>
</li></ol>
<p align="justify">
Detailed
description of the workshop is available here
<u><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals</a></u></p>
<p align="justify">
Transcript
of the workshop is available here
<u><a href="http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2438-2015-11-13-ws-253-empowering-the-next-billion-by-improving-accessibility-workshop-room-3">http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2438-2015-11-13-ws-253-empowering-the-next-billion-by-improving-accessibility-workshop-room-3</a></u></p>
<p align="justify">
Video
Link Empowering
the next billion by improving accessibility <a href="https://www.youtube.com/watch?v=7RZlWvJAXxs">https://www.youtube.com/watch?v=7RZlWvJAXxs</a></p>
<p align="justify"> <strong>OPENNESS</strong></p>
<p align="justify">
XI.
A
workshop on <em><strong>FOSS
& a Free, Open Internet: Synergies for Development</strong></em>
was organized at Workshop Room 7 from 2:00 pm to 3:30 pm on 13
November, 2015. The discussion was focused on the increasing risk to
openness of the internet and the ability of present & future
generations to use technology to improve their lives. The panel shred
different perspectives about the future co-development
of FOSS and a free, open Internet; the threats that are emerging; and
ways for communities to surmount these. Sunil
Abraham emphasised the importance of free software, open standards,
open access and access to knowledge and the lack of this mandate in
the draft outcome document for upcoming WSIS+10 review and called for
inclusion of the same. Pranesh Prakash further contributed to the
discussion by emphasizing the need for free open source software with
end‑to‑end encryption and traffic level encryption based
on open standards which are decentralized and work through federated
networks. The
panellists for this discussion were the following.</p>
<ol>
<li>
<p align="justify">
Satish
Babu, Technical Community, Chair, ISOC-TRV, Kerala, India</p>
</li><li>
<p align="justify">
Judy
Okite, Civil Society, FOSS Foundation for Africa</p>
</li><li>
<p align="justify">
Mishi
Choudhary, Private Sector, Software Freedom Law Centre, New York</p>
</li><li>
<p align="justify">
Fernando
Botelho, Private Sector, heads F123 Systems, Brazil</p>
</li><li>
<p align="justify">
Sunil
Abraham, CIS
India</p>
</li><li>
<p align="justify">
Pranesh
Prakash, CIS
India</p>
</li><li>
<p align="justify">
Nnenna
Nwakanma- WWW.Foundation</p>
</li><li>
<p align="justify">
Yves
MIEZAN EZO, Open Source strategy consultant</p>
</li><li>
<p align="justify">
Corinto
Meffe, Advisor to the President and Directors, SERPRO, Brazil</p>
</li><li>
<p align="justify">
Frank
Coelho de Alcantara, Professor, Universidade Positivo, Brazil</p>
</li><li>
<p align="justify">
Caroline
Burle, Institutional and International Relations, W3C Brazil Office
and Center of Studies on Web Technologies</p>
</li></ol>
<p align="justify">
Detailed
description of the workshop is available here
<u><a href="http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals" target="_top">http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals</a></u></p>
<p align="justify">
Transcript
of the workshop is available here
<u><a href="http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2468-2015-11-13-ws10-foss-and-a-free-open-internet-synergies-for-development-workshop-room-7" target="_top">http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2468-2015-11-13-ws10-foss-and-a-free-open-internet-synergies-for-development-workshop-room-7</a></u></p>
<p align="justify">
Video
link available here <a href="https://www.youtube.com/watch?v=lwUq0LTLnDs">https://www.youtube.com/watch?v=lwUq0LTLnDs</a></p>
<p align="justify">
<br /><br /></p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/summary-report-internet-governance-forum-2015'>http://editors.cis-india.org/internet-governance/blog/summary-report-internet-governance-forum-2015</a>
</p>
No publisherjyotiAccess to KnowledgeBig DataFreedom of Speech and ExpressionEncryptionInternet Governance ForumIntermediary LiabilityAccountabilityInternet GovernanceCensorshipCyber SecurityDigital GovernanceAnonymityCivil SocietyBlocking2015-11-30T10:47:13ZBlog EntryAn Evidence based Intermediary Liability Policy Framework: Workshop at IGF
http://editors.cis-india.org/internet-governance/blog/igf-workshop-an-evidence-based-intermediary-liability-policy-framework
<b>CIS is organising a workshop at the Internet Governance Forum 2014. The workshop will be an opportunity to present and discuss ongoing research on the changing definition of intermediaries and their responsibilities across jurisdictions and technologies and contribute to a comprehensible framework for liability that is consistent with the capacity of the intermediary and with international human-rights standards.</b>
<p style="text-align: justify; ">The Centre for Internet and Society, India and Centre for Internet and Society, Stanford Law School, USA, will be organising a workshop to analyse the role of intermediary platforms in relation to freedom of expression, freedom of information and freedom of association at the Internet Governance Forum 2014. <span>The aim of the workshop is to highlight the increasing importance of digital rights and broad legal protections of stakeholders in an increasingly knowledge-based economy. The workshop will discuss public policy issues associated with Internet intermediaries, in particular their roles, legal responsibilities and related liability limitations in context of the evolving nature and role of intermediaries in the Internet ecosystem. distinct</span></p>
<p style="text-align: justify; "><b>Online Intermediaries: Setting the context</b></p>
<p style="text-align: justify; ">The Internet has facilitated unprecedented access to information and amplified avenues for expression and engagement by removing the limits of geographic boundaries and enabling diverse sources of information and online communities to coexist. Against the backdrop of a broadening base of users, the role of intermediaries that enable economic, social and political interactions between users in a global networked communication is ubiquitous. Intermediaries are essential to the functioning of the Internet as many producers and consumers of content on the internet rely on the action of some third party–the so called intermediary. Such intermediation ranges from the mere provision of connectivity, to more advanced services such as providing online storage spaces for data, acting as platforms for storage and sharing of user generated content (UGC), or platforms that provides links to other internet content.</p>
<p style="text-align: justify; ">Online intermediaries enhance economic activity by reducing costs, inducing competition by lowering the barriers for participation in the knowledge economy and fuelling innovation through their contribution to the wider ICT sector as well as through their key role in operating and maintaining Internet infrastructure to meet the network capacity demands of new applications and of an expanding base of users.</p>
<p style="text-align: justify; ">Intermediary platforms also provide social benefits, by empowering users and improving choice through social and participative networks, or web services that enable creativity and collaboration amongst individuals. By enabling platforms for self-expression and cooperation, intermediaries also play a critical role in establishing digital trust, protection of human rights such as freedom of speech and expression, privacy and upholding fundamental values such as freedom and democracy.</p>
<p style="text-align: justify; ">However, the economic and social benefits of online intermediaries are conditional to a framework for protection of intermediaries against legal liability for the communication and distribution of content which they enable.</p>
<p style="text-align: justify; "><b>Intermediary Liability</b></p>
<p style="text-align: justify; ">Over the last decade, right holders, service providers and Internet users have been locked in a debate on the potential liability of online intermediaries. The debate has raised global concerns on issues such as, the extent to which Internet intermediaries should be held responsible for content produced by third parties using their Internet infrastructure and how the resultant liability would affect online innovation and the free flow of knowledge in the information economy?</p>
<p style="text-align: justify; ">Given the impact of their services on communications, intermediaries find themselves as either directly liable for their actions, or indirectly (or “secondarily”) liable for the actions of their users. Requiring intermediaries to monitor the legality of the online content poses an insurmountable task. Even if monitoring the legality of content by intermediaries against all applicable legislations were possible, the costs of doing so would be prohibitively high. Therefore, placing liability on intermediaries can deter their willingness and ability to provide services, hindering the development of the internet itself.</p>
<p style="text-align: justify; ">Economics of intermediaries are dependent on scale and evaluating the legality of an individual post exceeds the profit from hosting the speech, and in the absence of judicial oversight can lead to a private censorship regime. Intermediaries that are liable for content or face legal exposure, have powerful incentives, to police content and limit user activity to protect themselves. The result is curtailing of legitimate expression especially where obligations related to and definition of illegal content is vague. Content policing mandates impose significant compliance costs limiting the innovation and competiveness of such platforms.</p>
<p style="text-align: justify; ">More importantly, placing liability on intermediaries has a chilling effect on freedom of expression online. Gate keeping obligations by service providers threaten democratic participation and expression of views online, limiting the potential of individuals and restricting freedoms. Imposing liability can also indirectly lead to the death of anonymity and pseudonymity, pervasive surveillance of users' activities, extensive collection of users' data and ultimately would undermine the digital trust between stakeholders.</p>
<p style="text-align: justify; ">Thus effectively, imposing liability for intermediaries creates a chilling effect on Internet activity and speech, create new barriers to innovation and stifles the Internet's potential to promote broader economic and social gains. To avoid these issues, legislators have defined 'safe harbours', limiting the liability of intermediaries under specific circumstances.</p>
<p style="text-align: justify; ">Online intermediaries do not have direct control of what information is or information are exchanged via their platform and might not be aware of illegal content per se. A key framework for online intermediaries, such limited liability regimes provide exceptions for third party intermediaries from liability rules to address this asymmetry of information that exists between content producers and intermediaries.</p>
<p style="text-align: justify; ">However, it is important to note, that significant differences exist concerning the subjects of these limitations, their scope of provisions and procedures and modes of operation. The 'notice and takedown' procedures are at the heart of the safe harbour model and can be subdivided into two approaches:</p>
<p style="text-align: justify; ">a. Vertical approach where liability regime applies to specific types of content exemplified in the US Digital Copyright Millennium Act</p>
<p style="text-align: justify; ">b. Horizontal approach based on the E-Commerce Directive (ECD) where different levels of immunity are granted depending on the type of activity at issue</p>
<p style="text-align: justify; "><b>Current framework </b></p>
<p style="text-align: justify; ">Globally, three broad but distinct models of liability for intermediaries have emerged within the Internet ecosystem:</p>
<p style="text-align: justify; ">1. Strict liability model under which intermediaries are liable for third party content used in countries such as China and Thailand</p>
<p style="text-align: justify; ">2. Safe harbour model granting intermediaries immunity, provided their compliance on certain requirements</p>
<p style="text-align: justify; ">3. Broad immunity model that grants intermediaries broad or conditional immunity from liability for third party content and exempts them from any general requirement to monitor content. <b> </b></p>
<p style="text-align: justify; ">While the models described above can provide useful guidance for the drafting or the improvement of the current legislation, they are limited in their scope and application as they fail to account for the different roles and functions of intermediaries. Legislators and courts are facing increasing difficulties, in interpreting these regulations and adapting them to a new economic and technical landscape that involves unprecedented levels user generated content and new kinds of and online intermediaries.</p>
<p style="text-align: justify; ">The nature and role of intermediaries change considerably across jurisdictions, and in relation to the social, economic and technical contexts. In addition to the dynamic nature of intermediaries the different categories of Internet intermediaries‘ are frequently not clear-cut, with actors often playing more than one intermediation role. Several of these intermediaries offer a variety of products and services and may have number of roles, and conversely, several of these intermediaries perform the same function. For example , blogs, video services and social media platforms are considered to be 'hosts'. Search engine providers have been treated as 'hosts' and 'technical providers'.</p>
<p style="text-align: justify; ">This limitations of existing models in recognising that different types of intermediaries perform different functions or roles and therefore should have different liability, poses an interesting area for research and global deliberation. Establishing classification of intermediaries, will also help analyse existing patterns of influence in relation to content for example when the removal of content by upstream intermediaries results in undue over-blocking.</p>
<p style="text-align: justify; ">Distinguishing intermediaries on the basis of their roles and functions in the Internet ecosystem is critical to ensuring a balanced system of liability and addressing concerns for freedom of expression. Rather than the highly abstracted view of intermediaries as providing a single unified service of connecting third parties, the definition of intermediaries must expand to include the specific role and function they have in relation to users' rights. A successful intermediary liability regime must balance the needs of producers, consumers, affected parties and law enforcement, address the risk of abuses for political or commercial purposes, safeguard human rights and contribute to the evolution of uniform principles and safeguards.</p>
<p style="text-align: justify; "><b>Towards an evidence based intermediary liability policy framework</b></p>
<p style="text-align: justify; ">This workshop aims to bring together leading representatives from a broad spectrum of stakeholder groups to discuss liability related issues and ways to enhance Internet users’ trust.</p>
<p style="text-align: justify; ">Questions to address at the panel include:</p>
<p style="text-align: justify; ">1. What are the varying definitions of intermediaries across jurisdictions?</p>
<p style="text-align: justify; ">2. What are the specific roles and functions that allow for classification of intermediaries?</p>
<p style="text-align: justify; ">3. How can we ensure the legal framework keeps pace with technological advances and the changing roles of intermediaries?</p>
<p style="text-align: justify; ">4. What are the gaps in existing models in balancing innovation, economic growth and human rights?</p>
<p style="text-align: justify; ">5. What could be the respective role of law and industry self-regulation in enhancing trust?</p>
<p style="text-align: justify; ">6. How can we enhance multi-stakeholder cooperation in this space?</p>
<p style="text-align: justify; ">Confirmed Panel:</p>
<p style="text-align: justify; ">Technical Community: Malcolm Hutty: Internet Service Providers Association (ISPA)<br />Civil Society: Gabrielle Guillemin: Article19<br />Academic: Nicolo Zingales: Assistant Professor of Law at Tilburg University<br />Intergovernmental: Rebecca Mackinnon: Consent of the Networked, UNESCO project<br />Civil Society: Anriette Esterhuysen: Association for Progressive Communication (APC)<br />Civil Society: Francisco Vera: Advocacy Director: Derechos Digitale<br />Private Sector: Titi Akinsanmi: Policy and Government Relations Manager, Google Sub-Saharan Africa<br />Legal: Martin Husovec: MaxPlanck Institute</p>
<p style="text-align: justify; "><b> </b></p>
<p style="text-align: justify; "><span>Moderator(s): </span><span>Giancarlo Frosio, Centre for Internet and Society (CIS) and </span><span>Jeremy Malcolm, Electronic Frontier Foundation </span></p>
<p style="text-align: justify; "><span><span>Remote Moderator: </span><span>Anubha Sinha, New Delhi</span></span></p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/igf-workshop-an-evidence-based-intermediary-liability-policy-framework'>http://editors.cis-india.org/internet-governance/blog/igf-workshop-an-evidence-based-intermediary-liability-policy-framework</a>
</p>
No publisherjyotihuman rightsDigital Governanceinternet governanceFreedom of Speech and ExpressionInternet Governance ForumHuman Rights OnlineIntermediary LiabilityPoliciesMulti-stakeholder2014-07-04T06:41:10ZBlog Entry