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Comments to National Digital Health Mission: Health Data Management Policy
http://editors.cis-india.org/internet-governance/blog/comments-to-national-digital-health-mission-health-data-management-policy
<b>CIS has submitted comments to the National Health Data Management Policy. We welcome the opportunity provided to our comments on the Policy and we hope that the final Policy will consider the interests of all the stakeholders to ensure that it protects the privacy of the individual while encouraging a digital health ecosystem.
</b>
<p> </p>
<p>Read the full set of comments <a href="http://editors.cis-india.org/internet-governance/comments-to-national-digital-health-mission-health-data-management-policy-pdf" class="internal-link" title="Comments to National Digital Health Mission: Health Data Management Policy pdf">here</a>.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/comments-to-national-digital-health-mission-health-data-management-policy'>http://editors.cis-india.org/internet-governance/blog/comments-to-national-digital-health-mission-health-data-management-policy</a>
</p>
No publisherShweta Mohandas, Pallavi Bedi, Shweta Reddy, and Saumyaa NaiduData Governanceinternet governanceInternet GovernanceHealthcare2020-10-05T15:56:51ZBlog Entry Comments on NITI AAYOG Working Document: Towards Responsible #AIforAll
http://editors.cis-india.org/internet-governance/blog/comments-on-niti-aayog-working-document-towards-responsible-aiforall
<b>The NITI Aayog Working Document on Responsible AI for All released on 21st July 2020 serves as a significant statement of intent from NITI Aayog, acknowledging the need to ensure that any conception of “Responsible AI” must fulfill constitutional responsibilities, incorporated through workable principles. However, as it is a draft document for discussion, it is important to highlight next steps for research and policy levers to build upon this report.</b>
<div> </div>
<div>Read our comments in their entirety <a href="http://editors.cis-india.org/internet-governance/comments-to-aiforall-pdf" class="internal-link" title="Comments to AIForAll pdf">here</a>.</div>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/comments-on-niti-aayog-working-document-towards-responsible-aiforall'>http://editors.cis-india.org/internet-governance/blog/comments-on-niti-aayog-working-document-towards-responsible-aiforall</a>
</p>
No publisherShweta Mohandas, Arindrajit Basu and Ambika Tandoninternet governanceInternet GovernanceArtificial Intelligence2020-08-18T06:25:18ZBlog EntryCall for Comments: Model Security Standards for the Indian Fintech Industry
http://editors.cis-india.org/internet-governance/call-for-comments-model-security-standards-for-the-indian-fintech-industry
<b></b>
<p>The Centre for Internet and Society is pleased to make available the Draft document of Model Security Standards for the Indian Fintech Industry, for feedback and comments from all stakeholders. The objective of this document which was first published in November 2019, is to ensure that the data of users is dealt with in a secure and safe manner by the Fintech Industry, and that smaller businesses in the Fintech industry have a specific standard to look at in order to limit their liabilities for any future breaches. <br /><br />We invite any parties interested in the field of technology policy, including but not limited to lawyers, policy researchers, and engineers, to send in your feedback/comments on the draft document by the 16th of January 2020. We intend to publish our final draft by the end of January 2020. We look forward to receiving your contributions to make this document more comprehensive and effective. Please find a copy of the draft document <a href="http://editors.cis-india.org/internet-governance/resources/security-standards-for-the-financial-technology-sector-in-india" class="internal-link" title="Security Standards for the Financial Technology Sector in India">here</a>.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/call-for-comments-model-security-standards-for-the-indian-fintech-industry'>http://editors.cis-india.org/internet-governance/call-for-comments-model-security-standards-for-the-indian-fintech-industry</a>
</p>
No publisherpranavFinancial TechnologyCybersecurityinternet governanceInternet GovernanceCyber Security2019-12-16T13:16:25ZBlog EntryAutomated Facial Recognition Systems and the Mosaic Theory of Privacy: The Way Forward
http://editors.cis-india.org/internet-governance/automated-facial-recognition-systems-and-the-mosaic-theory-of-privacy-the-way-forward
<b> Arindrajit Basu and Siddharth Sonkar have co-written this blog as the third of their three-part blog series on AI Policy Exchange under the parent title: Is there a Reasonable Expectation of Privacy from Data Aggregation by Automated Facial Recognition Systems? </b>
<p> </p>
<p><strong>The Mosaic Theory of Privacy</strong></p>
<p>Whether the data collected by the AFRS should be treated similar to
face photographs taken for the purposes of ABBA is not clear in the
absence of judicial opinion. The AFRS would ordinarily collect
significantly more data than facial photographs during authentication.
This can be explained with the help of the <em><a href="https://www.lawfareblog.com/defense-mosaic-theory" rel="noreferrer noopener" target="_blank">mosaic theory of privacy</a></em>.</p>
<p>The mosaic theory of privacy suggests that data collected for long
durations of an individual can be qualitatively different from single
instances of observation. It argues that aggregating data from different
instances can create a picture of an individual which affects her
reasonable expectation of privacy. This is because a mere slice of
information reveals a lot less if the same is contextualised in a broad
pattern — a mosaic. </p>
<p>The mosaic theory of privacy does not find explicit reference in
Puttaswamy II. The petitioners had argued that seeding of Aadhaar data
into existing databases would bridge information across silos so as to
make real time surveillance possible. This is because information when
integrated from different silos becomes more than the sum of its parts.</p>
<p>The Court, however, dismissed this argument, accepting UIDAI’s
submission that the data collected remains in different silos and
merging is not permitted within the Aadhaar framework. Therefore, the
Court did not examine whether it is constitutionally permissible to
integrate data from different silos; it simply rejected the possibility
of surveillance as a result of Aadhaar authentication.</p>
<p>Jurisprudence in other jurisdictions is more advanced. In <em>United States v. Jones</em>,
the United States Supreme Court had observed that the insertion of a
global positioning system into Antoine Jones’ Jeep in the absence of a
warrant and without his consent invaded his privacy, entitling him to
Fourth Amendment Protection. In this case, the movement of Jones’
vehicle was monitored for a period of twenty-eight days. Five concurring
opinions in Jones acknowledges that aggregated and extensive
surveillance is capable of violating the reasonable expectation of
privacy irrespective of whether or not surveillance has taken place in
public.</p>
<p>The Court distinguished between prolonged surveillance and short term
surveillance. Surveillance in the short run does not reveal what a
person repeatedly does, as opposed to sustained surveillance which can
reveal significantly more about a person. The Court takes the example of
how a sequence of trips to a bar, a bookie, a gym or a church can tell a
lot more about a person than the story of any single visit viewed in
isolation.</p>
<p>Most recently, in<a href="https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf" rel="noreferrer noopener" target="_blank"> <em>Carpenter v. United States</em></a>,
the Supreme Court of the United States held that the collection of
historical cell data by the government exposes the physical movements
of an individual to potential surveillance, and an individual holds a
reasonable expectation of privacy against such collection. The Court
admitted that historical-cell site information allows the government to
go back in time in order to retract the exact whereabouts of a person.</p>
<p>Judicial decisions have not addressed specifically whether facial
recognition through law enforcement constitutes a search under the
Fourth Amendment or a “mere visual observation”.</p>
<p>The common thread linking CCTV footages and cellular data is the
unique ability to track the movement of an individual from one place to
another, enabling extreme forms of surveillance. It is perhaps this
crucial link that would make ARFS-enabled CCTVs prejudicial to
individual privacy.</p>
<p> The mosaic theory as understood in <em>Carpenter</em> helps one
understand the extent to which an AFRS can augment the capacities of law
enforcement in India. This in turn can help in understanding whether it
is constitutionally permissible to install such systems across the
country.</p>
<p>AFRS enabled-CCTV footages from different CCTVs. if viewed in
conjunction could reveal a sequence of movements of an individual,
enabling long-term surveillance of a nature that is qualitatively
distinct from isolated observances observed across unrelated CCTV
footages.</p>
<p>Subsequent to <em>Carpenter</em>, <a href="https://www.lawfareblog.com/four-months-later-how-are-courts-interpreting-carpenter" rel="noreferrer noopener" target="_blank">federal district courts</a>
in the United States have declined to apply Carpenter to video
surveillance cases since the judgement did not “call into question
conventional surveillance techniques and tools, such as security
cameras.”</p>
<p>The extent of processing that an AFRS-enabled CCTV exposes an
individual to would be significantly greater. This is because every time
an individual is in the zone of a AFRS-enabled CCTV, the facial image
will be compared to a common database. Snippets from different CCTVs
capturing the individual’s physical presence in two different locations
may not be meaningful per se. When observed together, the AFRS will make
it possible to identify the individual’s movement from one place to
another.</p>
<p>For instance, the AFRS will be able to identify the person when they
are on Street A at a particular time and when they are Street B in the
immediately subsequent hour recorded by respective CCTV cameras,
indicating the person’s physical movement from A to B. While a CCTV
camera only records movement of an individual in video format, AFRS
translates that digital information into individualised data with the
help of a comparison of facial features with a pre-existing database.</p>
<p>Through data aggregation, which appears to be the aim of the Indian
government in their tender that links three databases, it is apparent
that the right to privacy is in danger. Yet, at present, there does not
exist any case law or legislation that can render such efforts illegal
at this juncture.</p>
<p><strong>Conclusions and The Way Forward</strong></p>
<p>Despite a lack of judicial recognition of the potential
unconstitutionality of deploying AFRS, it is clear that the introduction
of these systems pose a clear and present danger to civil rights and
human dignity. Algorithmic surveillance alters a human being’s life in
ways that even the subject of this surveillance cannot fully comprehend.
As an individual’s data is manipulated and aggregated to derive a
pattern about that individual’s world, the individual or his data no
longer exists for itself<sup> </sup>but are massaged into various categories.</p>
<p>Louis Amoore terms this a ‘<a href="https://journals.sagepub.com/doi/abs/10.1177/0263276411417430?journalCode=tcsa" rel="noreferrer noopener" target="_blank">data-derivative</a>’,
which is an abstract conglomeration of data that continuously shapes
our futures without us having a say in their framing. The branding of an
individual as a criminal and then aggregating their data causes
emotional distress as individuals move about in fear of the state gaze
and their association with activities that are branded as potentially
dangerous — thereby suppressing a right to dissent — as exemplified by
their use reported use during the recent protests in Hong Kong.</p>
<p>Case law both in India and abroad has clearly suggested that a right
to privacy is contextual and is not surrendered merely because an
individual is in a public place. However, the jurisprudence protecting
public photography or videography under the umbrella of privacy remains
less clear globally and non-existent in India.</p>
<p>The mosaic theory of privacy is useful in this regard as it prevents
mass ‘data-veillance’ of individual behaviour and accurately identifies
the unique power that the volume, velocity and variety of Big Data
provides to the state. Therefore, it is imperative that the judiciary
recognise safeguards from data aggregation as an essential component of a
reasonable expectation of privacy. At the same time, legislation could
also provide the required safeguards.</p>
<p>In the US, Senators Coons and Lee recently introduced a draft Bill titled ‘<a href="https://www.coons.senate.gov/imo/media/doc/ALB19A70.pdf" rel="noreferrer noopener" target="_blank">The Facial Recognition Technology Warrant Act of 2019’</a>.
The Bill aims to impose reasonable restrictions on the use of facial
recognition technology by law enforcement. The Bill creates safeguards
against sustained tracking of physical movements of an individual in
public spaces. The Bill terms such tracking ‘ongoing surveillance’ when
it occurs for over a period of 72 hours in real time or through
application of technology to historical records. The Bill requires that
ongoing surveillance only be conducted for law enforcement purposes <em>and</em> in pursuance of a Court Order (unless it is impractical to do so).</p>
<p>While the Bill has its textual problems, it is definitely worth
considering as a model going forward and ensure that AFR systems are
deployed in line with a rights-respecting reading of a reasonable
expectation of privacy. <a href="http://datagovernance.org/report/adoption-and-regulation-of-facial-recognition-technologies-in-india" rel="noreferrer noopener" target="_blank">Parsheera</a>
suggests that the legislation should narrow tailoring of the objects
and purposes for deployment of AFRS, restrictions on the person whose
images may be scanned from the databases, judicial approval for its use
on a case by case basis and effective mechanisms of oversight, analysis
and verification.</p>
<p>Appropriate legal intervention is crucial. A failure to implement
this effectively jeopardizes the expression of our true selves and the
core tenets of our democracy.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/automated-facial-recognition-systems-and-the-mosaic-theory-of-privacy-the-way-forward'>http://editors.cis-india.org/internet-governance/automated-facial-recognition-systems-and-the-mosaic-theory-of-privacy-the-way-forward</a>
</p>
No publisherArindrajit Basu, Siddharth SonkarCybersecurityCyber Securityinternet governanceInternet Governance2020-01-02T14:12:38ZBlog EntryAutomated Facial Recognition Systems (AFRS): Responding to Related Privacy Concerns
http://editors.cis-india.org/internet-governance/automated-facial-recognition-systems-afrs-responding-to-related-privacy-concerns
<b>Arindrajit Basu and Siddharth Sonkar have co-written this blog as the second of their three-part blog series on AI Policy Exchange under the parent title: Is there a Reasonable Expectation of Privacy from Data Aggregation by Automated Facial Recognition Systems? </b>
<p> </p>
<p> </p>
<p>The Supreme Court of India, in <a href="https://indiankanoon.org/doc/91938676/">Puttaswamy I</a><em> </em>recognized<em> </em>that
the right to privacy is not surrendered merely because the individual
is in a public place. Privacy is linked to the individual as it is an
essential facet of human dignity. Justice Chelameswar further clarified
that privacy is contextual. Even in a public setting, people trying to
converse in whispers would signal a claim to the right to privacy.
Speaking on a loudspeaker would naturally not signal the same claim.</p>
<p>The Supreme Court of Canada has also affirmed the notion of
contextual privacy. As recently as on 7 March, 2019, the Supreme Court
of Canada <a href="http://www.thecourt.ca/r-v-jarvis-carving-out-a-contextual-approach-to-privacy/" rel="noreferrer noopener" target="_blank">in a landmark decision</a> defined privacy rights in public areas implicitly applying <a href="https://crypto.stanford.edu/portia/papers/RevnissenbaumDTP31.pdf">Helena Nissenbaum’s theory of contextual integrity</a>.
Helena Nissenbaum explains that the extent to which the right to
privacy is eroded in public spaces with the help of her theory of
contextual integrity.</p>
<p>Nissenbaum suggests that labelling information as exclusively public
or private fails to take into account the context which rationalises the
desire of the individual to exercise her privacy in public. To explain
this with an illustration, there exists a reasonable expectation of
privacy in the restroom of a restaurant, even though it is in a public
space.</p>
<p>In <a href="http://www.thecourt.ca/r-v-jarvis-carving-out-a-contextual-approach-to-privacy/"><em>R v Jarvis</em></a> (Jarvis), the Court overruled a Court of Appeal for Ontario <a href="https://www.canlii.org/en/on/onca/doc/2017/2017onca778/2017onca778.pdf">decision</a>
to hold that people can have a reasonable expectation of privacy even
in public spaces. In this case, Jarvis was charged with the offence of
voyeurism for secretly recording his students. The primary issue that
the Supreme Court of Canada was concerned with was whether the students
filmed by Mr. Jarvis enjoyed a reasonable expectation of privacy at
their school.</p>
<p>The Court in this case unanimously held that students did indeed have
a reasonable expectation of privacy. The Court concluded nine
contextual factors relevant in determining whether a person has a
reasonable expectation to privacy would arise. The listed factors were:</p>
<p>“1. The location the person was in when he or she was observed or recorded,</p>
<p>2. The nature of the impugned conduct (whether it consisted of observation or recording),</p>
<p>3. Awareness of or consent to potential observation or recording,</p>
<p>4. The manner in which the observation or recording was done,</p>
<p>5. The subject matter or content of the observation or recording,</p>
<p>6. Any rules, regulations or policies that governed the observation or recording in question,</p>
<p>7. The relationship between the person who was observed or recorded and the person who did the observing or recording,</p>
<p>8. The purpose for which the observation or recording was done, and</p>
<p>9. The personal attributes of the person who was observed or recorded.” (paragraph 29 of the judgement).</p>
<p>The Court emphasized that the factors are not an exhaustive list, but
rather were meant to be a guiding tool in determining whether a
reasonable expectation of privacy existed in a given context. It is not
necessary that each of these factors is present in a given situation to
give rise to an expectation of privacy.</p>
<p>Compared to the above-mentioned factors in Jarvis, the Indian Supreme Court in <a href="https://indiankanoon.org/doc/127517806/">Justice K.S Puttaswamy (Retd.) v. Union of India</a>: Justice Sikri (Puttaswamy II) <strong>—</strong>
the case which upheld the constitutionality of the Aadhaar project
relied on the following factors to determine a reasonable expectation of
privacy in a given context:</p>
<p>“(i) What is the context in which a privacy claim is set up?</p>
<p>(ii) Does the claim relate to private or family life, or a confidential relationship?</p>
<p>(iii) Is the claim a serious one or is it trivial?</p>
<p>(iv) Is the disclosure likely to result in any serious or significant injury and the nature and extent of disclosure?</p>
<p>(v) Is disclosure relates to personal and sensitive information of an identified person?</p>
<p>(vi) Does disclosure relate to information already disclosed publicly? If so, its implication?”</p>
<p>These factors (acknowledged in Puttaswamy II in paragraph 292) seem
to be very similar to the ones laid down in Jarvis, i.e., there is a
strong reliance on the context in both cases. While there is no explicit
mention of individual attributes of the individual claiming a
reasonable expectation, the holding that children should be given an opt
out indicates that the Court implicitly takes into account personal
attributes (e.g. age) as well.</p>
<p>The Court in Jarvis further (in paragraph 39) took the example of a
woman in a communal change room at a public pool. She may expect other
users to incidentally observe her undress but she would continue to
expect only other women in the change room to observe her and reserve
her rights against the general public. She would also expect not to be
video recorded or photographed while undressing, both from other users
of the pool and by the general public. </p>
<p>If it is later found out that the change room had a one-way glass
which allowed the pool staff to view the users change — or if there was a
concealed camera recording persons while they were changing, she could
claim a breach of her reasonable expectation of privacy under such
circumstances and it would constitute an invasion of privacy.</p>
<p><strong>So, in the context of an AFRS, an individual walking down a
public road may still signal that they wish to avail of their right to
privacy. In such contexts, a concerted surveillance mechanism may come
up against constitutional roadblocks.</strong></p>
<p><strong>What is the nature of information being collected?</strong></p>
<p>The second big question <strong>—</strong> the nature of information
which is being collected plays a role in determining the extent to which
a person can exercise their reasonable expectation of privacy.
Puttaswamy II laid down that collection of core biometric information
such as fingerprints, iris scans in the context of the Aadhaar-Based
Biometric Authentication (‘ABBA’) is constitutionally permissible. The
basis of this conclusion is that the Aadhaar Act does not deal with the
individual’s intimate or private sphere.</p>
<p>The judgement of the Supreme Court in Puttaswamy II is in a very
specific context (i.e. the ABBA). It does not explain or identify the
contextual factors which determine the extent to which privacy may be
reasonably expected over biometrics generally. In this judgment, the
Court observed that demographic information and photographs do not raise
a reasonable expectation of privacy under Article 21 unless there exist
special circumstances such as the disclosure of juveniles in conflict
of law or a rape victim’s identity.</p>
<p><strong>Most importantly, the Court held that face photographs for
the purpose of identification are not covered by a reasonable
expectation of privacy. The Court distinguished face photographs from
intimate photographs or those photographs which concern confidential
situations. </strong></p>
<p><strong>Face photographs, according to the Court, are shared by
individuals in the ordinary course of conduct for the purpose of
obtaining a driving </strong>l<strong>icense, voter id, passport,
examination admit cards, employment cards, and so on. Face photographs
by themselves reveal no information.</strong></p>
<p>Naturally, this pronouncement of the Apex Court is a huge boost for the introduction of AFRS in India.</p>
<p>Abroad, however, on 4 September 2019, in <a href="https://www.judiciary.uk/wp-content/uploads/2019/09/bridges-swp-judgment-Final03-09-19-1.pdf">Edward Bridges v. Chief Constable of South Wales Police</a>, a Division Bench of the High Court in England and Wales heard a challenge against an AFRS introduced by law enforcement (<em>see</em>
Endnote 1). The High Court rejected a claim for judicial review holding
that the AFRS in question does not violate inter alia the right to
privacy under Article 8 of the European Convention of Human Rights
(‘ECHR’).</p>
<p>According to the Court, the AFRS was used for specific and limited
purposes, i.e., only when the image of the public matched a person on an
existing watchlist. The use of the AFRS was therefore considered a
lawful and fair restriction.</p>
<p>The Court, however, acknowledged that extracting biometric data
through AFRS is “well beyond the expected and unsurprising”. This seems
to be a departure from the Indian Supreme Court’s observation in
Puttaswamy II that there is no reasonable expectation of privacy over
biometric data in the context of ABBA, and may be a wiser approach for
the Indian courts to adopt.</p>
<h6><strong>Endnote </strong></h6>
<p>1. The challenge was put forth by Edward Bridges, a civil liberties
campaigner from Cardiff for being caught on camera in two particular
deployments of the AFRS a) when he was at Queen Street, a busy shopping
area in Cardiff and b) when he was at the Defence Procurement, Research,
Technology and Exportability Exhibition held at the Motorpoint Arena.</p>
<p> </p>
<p>This was published by <a class="external-link" href="https://aipolicyexchange.org/2019/12/28/automated-facial-recognition-systems-afrs-responding-to-related-privacy-concerns/">AI Policy Exchange</a>.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/automated-facial-recognition-systems-afrs-responding-to-related-privacy-concerns'>http://editors.cis-india.org/internet-governance/automated-facial-recognition-systems-afrs-responding-to-related-privacy-concerns</a>
</p>
No publisherArindrajit Basu, Siddharth SonkarCybersecurityCyber Securityinternet governanceInternet Governance2020-01-02T14:09:14ZBlog 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 EntryAfter the Lockdown
http://editors.cis-india.org/internet-governance/blog/after-the-lockdown
<b></b>
<div>
<p>This post was first published in the <a class="external-link" href="https://www.business-standard.com/article/opinion/after-the-lockdown-120040200010_1.html">Business Standard</a>, on April 2, 2020.</p>
<p> </p>
</div>
<div> </div>
<div>
This is a time when, as
the authorities deal with a lockdown, there needs to be an equal
emphasis on providing for large numbers of people without the money for
food and necessities, while the rest of us wait it out. Hard as it is,
an MIT scholar writes that after the Spanish flu in 1918, cities that
restricted public gatherings sooner and longer had fewer fatalities, and
emerged with stronger economic growth.<a href="https://www.reuters.com/article/us-health-coronavirus-usa-reopen-analysi/the-u-s-weighs-the-grim-math-of-death-vs-the-economy-idUSKBN21H1B4" target="_blank"><strong>1</strong></a> It
is likely that costs and benefits vary with economic and social
capacity, and we may have a harder time with it here. Going forward,
government action to help provide relief, rehabilitate people and deal
with loss needs to be well planned, including targeting aid to the urban
and displaced poor.<strong><a href="https://www.financialexpress.com/opinion/the-coronavirus-lockdown-and-indias-urban-vulnerables/1915316/" target="_blank">2</a></strong></div>
<div>
As important now as to
ensure the lockdown continues is to plan on how to revive productive
activity and the economy, and restore public confidence. A systematic
approach will likely yield better results.</div>
<div>
A major element of the
recovery plan is steps such as liberal credit and amortisation terms,
perhaps much more than the three-month extension the Reserve Bank of
India (RBI) has announced. A primary purpose is the re-initiation of
large-scale activities such as construction, of which there are
reportedly about 200,000 large projects around the country. These have
to be nursed back to being going concerns. The RBI may need to consider
doing more, including lowering rates.</div>
<div>
An ominous development
that has grown as the economy slowed is financial stress that could
swell non-performing assets (NPAs). At the half-year ending September
2019, about half of non-financial large corporations in India, excluding
telecom, showed financial stress (<em>see table</em>).</div>
<div> </div>
<a style="text-align: center;" href="https://1.bp.blogspot.com/-LUGInMPm0qA/XoX9HV4-HBI/AAAAAAAAHio/bpAUXcOxJ2AZ3mHTisIdMGLnbon7r5YpQCLcBGAsYHQ/s1600/Indebted%2BFirms-Likely%2BFinancial%2BHeadwinds-Krishna%2BKant-BS.jpg"><img src="https://1.bp.blogspot.com/-LUGInMPm0qA/XoX9HV4-HBI/AAAAAAAAHio/bpAUXcOxJ2AZ3mHTisIdMGLnbon7r5YpQCLcBGAsYHQ/s320/Indebted%2BFirms-Likely%2BFinancial%2BHeadwinds-Krishna%2BKant-BS.jpg" alt="null" height="320" width="205" /></a>
<p> </p>
<p>Source: Krishna Kant: "Coronavirus shutdown puts Rs 15-trillion debt at risk, to impact finances", BS, March 30, 2020:</p>
<div><a href="https://www.business-standard.com/article/markets/coronavirus-shutdown-puts-rs-15-trillion-debt-at-risk-to-impact-finances-120032901036_1.html">https://www.business-standard.com/article/markets/coronavirus-shutdown-puts-rs-15-trillion-debt-at-risk-to-impact-finances-120032901036_1.html</a></div>
<p> </p>
<div>
These include some of
India’s largest companies, producing power, steel, and chemicals. The
201 companies have total debt of nearly Rs 15 trillion, more than half
of all borrowings. There is also the debt overhang of the National
Highways Authority of India, and of the telecom companies. Ironically,
the telecom companies are our lifeline now, despite having nearly
collapsed under debt because of ill-advised policies in the past, which
have still not changed. Perhaps our obvious dependence telecom services
now will spark well conceived, convergent policies for this sector, so that we can function effectively. </div>
<div>
A start with immediate
changes in administrative rules for 60GHz, 70-80GHz, and 500-700MHz
wireless use, modelled on the US FCC regulations as was done for the
5GHz Wi-Fi in October 2018, could change the game. It will provide the
opportunity in India for the innovation of devices, their production,
and use, possibly unleashing this sector. This can help offset our
reliance on imported technology and equipment. However, such changes in
policies and purchasing support have eluded us thus far. Now, the only
way our high-technology manufacturers can thrive is to succeed
internationally, in order to be able to sell to the domestic market.
Imagine how hard that might be, and you begin to get an inkling of why
we have few domestic product champions, struggling against odds in areas
such as optical switches, networking equipment, and wireless devices.
For order-of-magnitude change, however, structural changes need to be
worked out in consultation with operators in the organisation of
services through shared infrastructure.</div>
<div> </div>
<p>For the longer term, a fundamental
reconsideration for allocating resources is needed through coherent,
orchestrated policy planning and support. What the government can do as a
primary responsibility, besides ensuring law and order and security, is
to develop our inadequate and unreliable infrastructure, including
facilities and services that enable efficient production clusters, their
integrated functioning, and skilling. For instance, Apple’s recent
decision against moving iPhone production
from China to India was reportedly because similar large facilities
(factories of 250,000) are not feasible here, and second, our logistics
are inadequate. Such considerations should be factored into our
planning, although Apple may well have to revisit the very
sustainability of the concept of outsize facilities that require the
sort of repressive conditions prevailing in China. However, we need not
aim for building unsustainable mega-factories. Instead, a more practical
approach may be to plan for building agglomerations of smaller,
sustainable units, that can aggregate their activity and output
effectively and efficiently. Such developments could form the basis of
numerous viable clusters, and where possible, capitalise on existing
incipient clusters of activities. Such infrastructure needs to be
extended to the countryside for agriculture and allied activities as
well, so that productivity increases with a change from rain-fed,
extensive cultivation to intensive practices, with more controlled
conditions.</p>
<p>The automotive industry,
the largest employer in manufacturing, provides an example for other
sectors. It was a success story like telecom until recently, but is now
floundering, partly because of inappropriate policies, despite its
systematic efforts at incorporating collaborative planning and working
with the government. It has achieved the remarkable transformation of
moving from BS-IV to BS-VI emission regulations in just three years,
upgrading by two levels with an investment of Rs 70,000 crore, whereas
European companies have taken five to six years to upgrade by one level.
This has meant that there was no time for local sourcing, and therefore
heavy reliance on global suppliers, including China. While the
collaborative planning model adopted by the industry provides a model
for other sectors, the question here is, what now. In a sense, it was
not just the radical change in market demand with the advent of
ridesharing and e-vehicles, but also the government’s approach to
policies and taxation that aggravated its difficulties.</p>
<div>
Going forward, policies
that are more congruent in terms of societal goals, including employment
that support the development of large manufacturing opportunities, need
to be thought through from a perspective of aligning and integrating
objectives (in this case, transportation). Areas such as automotive and
other industries for the manufacture of road and rail transport vehicles
need to be considered from the perspective of reconfiguring the
purpose, flow, and value-added, to achieve both low-cost, accessible
mass transport, and vehicles for private use that complement
transportation objectives as also employment and welfare.</div>
<div>
Systematic and convergent planning and implementation across sectors could help achieve a better revival.</div>
<div> </div>
<div>
Shyam (no space) Ponappa at gmail dot com</div>
<div>
<em>1: <a href="https://www.reuters.com/article/us-health-coronavirus-usa-reopen-analysi/the-u-s-weighs-the-grim-math-of-death-vs-the-economy-idUSKBN21H1B4">https://www.reuters.com/article/us-health-coronavirus-usa-reopen-analysi/the-u-s-weighs-the-grim-math-of-death-vs-the-economy-idUSKBN21H1B4</a></em></div>
<div>
<em>2: <a href="https://www.financialexpress.com/opinion/the-coronavirus-lockdown-and-indias-urban-vulnerables/1915316/">https://www.financialexpress.com/opinion/the-coronavirus-lockdown-and-indias-urban-vulnerables/1915316/</a></em></div>
<p> </p>
<div class="column-right-outer">
<div class="column-right-inner">
<table class="section-columns columns-2">
<tbody>
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<td class="first columns-cell"><br /></td>
<td class="columns-cell"><br /></td>
</tr>
</tbody>
</table>
</div>
</div>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/after-the-lockdown'>http://editors.cis-india.org/internet-governance/blog/after-the-lockdown</a>
</p>
No publisherShyam PonappaTelecominternet governanceInternet Governance2020-04-09T10:05:49ZBlog EntryAccess Beyond Developmentalism: Technology and the Intellectual Life of the Poor
http://editors.cis-india.org/internet-governance/blog/access-beyond-developmentalism
<b>Essay by Lawrence Liang, September 21, 2009 in response to - A Dialogue on ICTs, Human Development, Growth, and Poverty Reduction
</b>
<p>In February 2009 we invited the French philosopher Jacques Ranciere to
Delhi for the release of his book “Nights of Labour” which we had
translated into Hindi, and to have a conversation with a group of young
writers and practitioners at the Cybermohalla (“CM”) in Dakshinpuri.
The Cybermohalla is one of three media labs that have been set up in
different working class colonies in Delhi where young people living in
the colony meet, engage in conversations and write about their
neighborhood, technology, media, culture and life in the city. Almost
six years old, the CMs were set up as experimental spaces to explore
ways of looking at the relationship between technology and the urban
poor beyond the lens of developmentalism. The CM is presently involved
in documenting intellectual life in their neighborhoods and the
transformations brought about by media.</p>
<p>In this brief note I would like to raise a few critical questions about
the dominant ICT and Development discourse that dominates policy and
NGO circles, and I will be using the writings of Ranciere, the CM
practitioners, and the conversation between them as the grounds on
which to raise these questions. Ranciere began his career as a labour
historian, and had initially set out to do a straight forward history
of class consciousness in the labour archives outside Paris. What he
found surprised him, and informed his philosophy of education and I
believe has immense significance for people working on ICT, poverty and
development. Ranciere’s rethinking of labour history paves the way for
us to start thinking seriously about the hidden domain of aspiration
and desire of the subaltern subject, while at the same time thinking
about the politics of our own aspirations and desires.</p>
<p>Ranciere goes into an unexplored aspect of the labour archive of
nineteenth century France, where he starts looking at small, obscure
and short lived journals brought out by workers, in which they were
writing about their own lives. But they were not necessarily writing
about their work, or their condition as workers. And if they were ,
they were not writing about it in glorified terms but with immense
dissatisfaction. Instead they were interested in writing poetry,
philosophy and indulging in the pleasures of thought. They looked
enviously at the thinking life that intellectuals were entitled to. At
the same time, intellectuals have always been fascinated with the world
of work and the romance of working class identity. Ranciere says “what
new forms of misreading will affect this contradiction when the
discourse of labourers in love with the intellectual nights of the
intellectuals encounters the discourse of intellectuals in love with
the toilsome and glorious days of the labouring people”</p>
<p>Ranciere’s motley cast of characters include Jerome Gillard, an iron
smith tired of hammering iron, and Pierre Vincard, a metal worker who
aspires to be a painter. In other words, a series of sketches of people
who refused to obey the role sketched out of for them by history,
people who wanted to step across the line and perform the truly radical
act of breaking down the time-honored barrier separating those who
carried out useful labour from those who pondered aesthetics. He says
that “A worker who has never learned how to write and yet tried to
compose verses to suit the taste of his times was perhaps more of a
danger to the prevailing ideological order than a worker who performed
revolutionary songs… Perhaps the truly dangerous classes are not so
much the uncivilized ones thought to undermine society from below, but
rather the migrants who move at the borders between classes,
individuals and groups who develop capabilities within themselves which
are useless for the improvement of their material lives and which in
fact are liable to make them despise material concerns.”</p>
<p>While we ordinarily think of development in terns of an improvement in
the material life and living condition of people, it seems from
Ranciere’s account that this was not enough. What the workers wanted
was to become entirely human, with all the possibilities of a human
being which included a life in thought. What was not afforded to works
was the leisure of thought, or the time of night which intellectuals
had. This is not to say that an improvement in the material conditions
of life was not important. On the contrary it was crucially important,
but if we are also recognize inequality as being about the distribution
of possibilities, then it is futile to maintain a divide between
material and intellectual life. The struggle in other words was between
time as a form of constraint and time as a possibility of freedom. For
Ranciere, a worker then was someone to whom many lives were owed.</p>
<p>If we were to translate what this means for our understanding of ICT
and the subject of development, we find that most interventions frame
the poor as objects of the discourse of digital access, and they are
rarely seen as the subject of digital imaginaries. How do we think of
the space created by ICT as one that expands not just the material
conditions but also breaks the divide between those entitled to the
world of thought, and those entitled to the world of work? In other
words, what is the space that we create when we frame the discourse of
‘digital divides’ only as a matter of technological access? How do we
begin to look at the technological lives of people beyond
developmentalism and take into account the way it changes aspirations
and subjectivities?</p>
<p>Suraj, one of the writers at CM, in his conversation with Ranciere says
“The capacity of my intellectual life always competes against my
imagination. Exploration for me consists of recognizing the continuous
pull by others around me (the constant movement), which propels me to
the imagination of an intellectual life which always seems to be beyond
me.” What this statement forces us to think about is the fact that we
all lead intellectual lives, but the distribution of opportunities to
lead an intellectual life is unequal, and we need to think through the
history of materiality also as the history of conditions which divide
people on the basis of those who think and those who work, or the
division of time between the days of labour and the nights of writing.
It would be tragic if we were to recycle clichéd ideas of the real
needs of the elite and the real needs of the subaltern. The development
sector seems to have inherited a certain anti intellectualism on the
grounds that it is elitist and the left have failed to engage with such
desires on the grounds that they were ‘false consciousness’.</p>
<p>But as Ranciere says “What if the truest sorrow lay not in being able
to enjoy the false ones.” Ranciere argues that politics has always been
about a distribution of the sensible or sensibilities (and this is
certainly evidenced in political discourse as well as the critical
discourse on technology where we find metaphors of ‘visibility’,
‘silence’ as a way of thinking about the political condition of the
underclass). While the focus of the Harvard Forum has been
appropriately on the correlation between ICT and poverty alleviation,
it is also important to remember that these technologies (computers,
mobiles, DVD players) are also a radical redistribution of the
sensible. All of a sudden you have a vast number of people whose access
to the world of images, texts and sounds have dramatically increased.
At the same time they are engaging with the world of the sensible not
just as passive consumers but actively producing, sharing and thinking
through these new ephemeral forms.</p>
<p>We could ask questions about the larger change that a small experiment
like the CM has been able to bring about. Do these young writers have
the ability to change the world, is the model sustainable, etc.? The
answer would be yes, but perhaps not in the way usually imagined by
funders or NGOs. They have already changed the horizon of the possible
by reinventing themselves and claiming their space in the world of
thought. This also involves a radical rethinking of the very idea of
equality itself. The liberal assumption is that equality for something
we strive, in other words that we move from inequality to equality. But
what if we were to start with equality itself.</p>
<p>Starting from equality does not presuppose that everyone in the world
has equal opportunities to learn, to express their capacities. We
recognize immense inequalities in the material conditions of life, but
we also recognize that there is always some point of equality when we
think of each other as thinking beings, and to think of the process of
learning, not as a moving from ignorance to knowledge but as a process
of going from what is already known or what is already possessed to
further knowledge or new possessions.</p>
<p>It in this context that we also have to recognize that ICT technologies
are a serious redistribution of the means of thought and expression.
When Victor Hugo, a sympathizer of the working class, was shown a poem
written by a worker, his embarrassed and patronizing response was “In
your fine verse there is something more than fine verse. There is a
strong soul, a lofty heart, a noble and robust spirit. Carry on. Always
be what you are: poet and worker. That is to say, thinker and worker.”
This is a classic instance of what Ranciere would term as an ‘exclusion
by homage’. Thus, the aspiration and desires of the poor have to be
‘something more than fine verse’; the information needs of the poor
have to be more than wanting to watch a film or even dreaming of
becoming a film maker.</p>
<p>These injunctions certainly tell us more about the fantasies of the
state, of the intellectual and of NGOs than they do about people
participating in the new realms of the digital, and if we are to avoid
collapsing all ICT interventions into ‘exclusions by homage’ then we
also need to start thinking about the new landscape via the
intellectual possibilities that they hold, and the many lives that they
enable. After all, the poor are also those to whom many lives are owed.</p>
<p><a href="http://en.wikipedia.org/wiki/Lawrence_Liang" target="_blank">Lawrence Liang</a> is founder of the <a href="http://www.altlawforum.org/" target="_blank">Alternative Law Forum</a> and a <a href="http://editors.cis-india.org/../about/people/distinguished-fellows#lawrence-liang" class="internal-link" title="Distinguished Fellows">Distinguished Fellow</a> with the <a href="http://editors.cis-india.org/../" class="external-link">Centre for Internet and Society</a>.<em><br /></em></p>
<p><a class="external-link" href="http://publius.cc/access_beyond_developmentalism_technology_and_intellectual_life_poor/091109">Link to the original article</a></p>
<p><a class="external-link" href="http://publius.cc/dialogue_icts_human_development_growth_and_poverty_reduction/091109">Link to related article</a></p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/access-beyond-developmentalism'>http://editors.cis-india.org/internet-governance/blog/access-beyond-developmentalism</a>
</p>
No publisherradhainternet governance2011-08-02T07:16:36ZBlog EntryA Compilation of Research on the PDP Bill
http://editors.cis-india.org/internet-governance/blog/compilation-of-research-on-data-protection
<b>The most recent step in India’s initiative to create an effective and comprehensive Data Protection regime was the call for comments to the Personal Data Protection Bill, 2019, which closed last month. Leading up to the comments, CIS has published numerous research pieces with the goal of providing a comprehensive overview of how this legislation would place India within the global scheme, and how the local situation has developed, as well as analysing its impacts on citizens’ rights.</b>
<p> </p>
<p>In addition to general and clause-by-clause comments and recommendations, we
have compiled an annotated version of the Personal Data Protection
Bill, which lays out our <a class="external-link" href="https://cis-india.org/internet-governance/blog/comments-to-the-personal-data-protection-bill-2019">commentary</a> in an easy-to-follow format.</p>
<p> </p>
<p><img src="https://cis-india.org/internet-governance/pdp-bill-compilation-post-image/" alt="null" width="100%" /></p>
<p> </p>
<p>Below, you can find our other recent research on Data Protection:</p>
<p> </p>
<ul><li>Pallavi Bedi has put together a <a class="external-link" href="https://cis-india.org/internet-governance/blog/divergence-between-the-general-data-protection-regulation-and-the-personal-data-protection-bill-2019">note</a> on the Divergence between EU’s General Data Protection Regulation (GDPR) and the Personal Data Protection Bill.</li></ul>
<div> </div>
<ul><li>In addition, Pallavi has also <a class="external-link" href="https://cis-india.org/internet-governance/blog/comparison-of-the-personal-data-protection-bill-with-the-general-data-protection-regulation-and-the-california-consumer-protection-act-2">contrasted</a> the Personal Data Protection Bill with the GDPR and California Consumer Protection Act, in the contexts of jurisdiction and scope, rights of the data principal, obligations of data fiduciaries, exemptions, data protection authority, and breach of personal data. </li></ul>
<div> </div>
<ul><li>On IAPP’s blog <em>Privacy Perspectives</em>, D. Shweta Reddy has <a class="external-link" href="https://iapp.org/news/a/grade-sheet-for-indias-adequacy-status/">assessed</a> whether the Personal Data Protection Bill 2019 is sufficient for India to receive adequacy status from the EU.</li></ul>
<div> </div>
<ul><li>Along with Justin Sherman, Arindrajit Basu has <a class="external-link" href="https://www.lawfareblog.com/key-global-takeaways-indias-revised-personal-data-protection-bill">outlined</a> the key global takeaways from the Personal Data Protection Bill 2019 on <em>Lawfare</em>.</li></ul>
<div> </div>
<ul><li>On <em>The Diplomat</em>, Arindrajit has also <a class="external-link" href="https://thediplomat.com/2020/01/the-retreat-of-the-data-localization-brigade-india-indonesia-and-vietnam/">traced</a> the narrowing localization provisions in India, as well as Vietnam and Indonesia, and studied the actors and geopolitical tussle that has shaped these provisions.</li></ul>
<div> </div>
<ul><li>Through a string of publicly available submissions, press statements, and other media reports, Arindrajit and Amber Sinha have <a class="external-link" href="https://www.epw.in/engage/article/politics-indias-data-protection-ecosystem">tracked</a> the political evolution of the data protection ecosystem in India, and how this has, and will continue to impact legislative and policy developments on <em>EPW Engage</em>.</li></ul>
<div> </div>
<ul><li>Gurshabad Grover and Tanaya Rajwade have <a class="external-link" href="https://thewire.in/tech/indias-privacy-bill-regulates-social-media-platforms">written</a> on <em>The Wire</em> about how the Personal Data Protection Bill regulates social media.</li></ul>
<div> </div>
<ul><li>Amber was also a guest on <em>Suno India’s <a class="external-link" href="https://www.sunoindia.in/cyber-democracy/personal-data-protection-bill-what-does-it-mean-for-your-right-to-privacy/">Cyber Democracy podcast</a></em>, with Srinivas Kodali, to discuss how the latest version of the Personal Data Protection Bill will impact the right to privacy.
</li></ul>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/compilation-of-research-on-data-protection'>http://editors.cis-india.org/internet-governance/blog/compilation-of-research-on-data-protection</a>
</p>
No publisherpranavinternet governanceInternet GovernanceData ProtectionPrivacy2020-03-05T08:04:24ZBlog EntryA Comment on the 2009 IGF Draft Programme Paper
http://editors.cis-india.org/internet-governance/blog/a-comment-on-the-2009-igf-draft-programme-paper
<b>The Centre for Internet and Society is part of a broad group of civil society actors that submitted a comment on the Draft Programme Paper of the fourth Internet Governance Forum (IGF), taking place in Sharm El Sheikh, Egypt, in November 2009. The IGF is a forum for multistakeholder policy dialogue on Internet governance issues. The comment decries the complete absence of attention for Internet Rights and Principles in the agenda as it stands as of today, and this despite repeated requests from a wide range of stakeholders to make this theme a central one. All stakeholder groups were invited to submit their comments on the Draft Programme Paper of the 2009 IGF to the IGF Secretariat by 15 August.
</b>
<p align="justify">The comment submitted
reads as follows:</p>
<p align="justify"><strong>Re:
IGF Draft Programme Paper, August 2009</strong></p>
<p align="left">We,
the undersigned would like to express our surprise and disappointment
that Internet Rights and Principles was not retained as an item on
the agenda of the 2009 IGF in any way. Although this topic was
suggested as a theme for this year's IGF or for a main session by a
range of actors during and in the run-up to May's Open Consultations,
this widespread support is not reflected in the Draft Programme
Paper, which does not include Internet Rights and Principles even as
a sub-topic of any of the main sessions. The WSIS Declaration of
Principles, 2003, and the Tunis Agenda, 2005, explicitly reaffirmed
the centrality of the Universal Declaration of Human Rights to an
inclusive information society. To make these commitments meaningful,
it is of great importance that a beginning is made to explicitly
building understanding and consensus around the meaning of Internet
Rights and Principles at the earliest. We recommend that the Agenda
of the 2009 IGF provide the space to do so.</p>
<p align="justify"><strong>Signatories:</strong></p>
<p>Centre
for Internet and Society, Bangalore</p>
<p>Association
for Progressive Communications </p>
<p>IP
Justice <br /></p>
<p>Bytesforall, Pakistan<br /></p>
<p>Instituto
Nupef, Rio de Janeiro, Brazil</p>
<p>Jacques
Berleur</p>
<p>Ginger
Paque</p>
<p>Fouad
Bajwa</p>
<p>Milton
L Mueller</p>
<p>Willie
Currie</p>
<p>Michael
Gurstein</p>
<p>Jeanette
Hofmann</p>
<p>Eric
Dierker</p>
<p>Jeffrey
A Williams</p>
<p>Charity
Gamboa, chairperson Internet Governance Working Group, ISOC
Philippines </p>
<p>Ian
Peter</p>
<p>Tracy
F. Hackshaw</p>
<p>Shaila
Rao Mistry, Internet Rights and Principles</p>
<p>Lee
W McKnight</p>
<p>Jeremy
Malcolm</p>
<p>Tapani
Tarvainen</p>
<p>Shahzad Ahmad, ICT Policy Monitors Network<br /></p>
<p>Carlos
Afonso</p>
<p>Dina Hovakmian</p>
<p>Rui
Correia<br /></p>
<p>Lisa Horner</p>
<p>Deirdre Williams<br /></p>
<p>Jaco
Aizenman<br /></p>
<p>Nyangkwe Agien Aaron<br /></p>
<p>Siranush Vardanyan, Armenia<br /></p>
<p>Kwasi
Boakye-Akyeampong<br /></p>
<p>Linda D. Misek-Falkoff</p>
<p>Baudouin
Schombe<br /></p>
<p>Stefano Trumpy</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/a-comment-on-the-2009-igf-draft-programme-paper'>http://editors.cis-india.org/internet-governance/blog/a-comment-on-the-2009-igf-draft-programme-paper</a>
</p>
No publisheranjainternet governance2011-08-02T07:15:14ZBlog Entry‘Future of Work’ in India’s IT/IT-es Sector
http://editors.cis-india.org/internet-governance/blog/future-of-work-in-india-it-it-es-sector
<b>The Centre for Internet and Society has recently undertaken research into the impact of Industry 4.0 on work in India. Industry 4.0, for the purposes of the research, is conceptualised as the technical integration of cyber physical systems (CPS) into production and logistics and the use of the ‘internet of things’ (connection between everyday objects) and services in (industrial) processes. By undertaking this research, CIS seeks to complement and contribute to the discourse and debates in India around the impact of Industry 4.0. In furtherance of the same, this report seeks to explore several key themes underpinning the impact of Industry 4.0 specifically in the IT/IT-es sector and broadly on the nature of work itself.</b>
<p> </p>
<h4>Read the complete case-study here: <a href="http://editors.cis-india.org/internet-governance/2018future-of-work2019-in-india2019s-it-it-es-sector-pdf" class="internal-link" title="‘Future of Work’ in India’s IT/IT-eS Sector pdf">Download</a> (PDF)</h4>
<hr />
<h3><strong>Introduction</strong></h3>
<p>Scholarship on 'Industry 4.0' that has emerged globally has sought to address the challenges of technological forecasting as it relates to work in varied forms. For instance, the Frey-Osborne methods examine characteristic tasks of each occupation and suggest that almost half of all jobs in the United States and other advanced countries are at risk of being substituted by computers or algorithms within the next 10 to 20 years. [1] On the other hand, scholars such as Autor and Handel as well as research produced by OECD on this subject argue that occupations as a whole are unlikely to be automated as there is great variability in the tasks within each occupation. [2] Existing literature on the impact on jobs in the IT sector in India too have arrived at mixed conclusions. Reports have raised concerns about job loss in the sector as a result of automation [3] whilst it has also been reported that employment from the IT sector reached 3.86 million in 2016-17 and an addition of around 105,000 was witnessed in FY18 itself. [4]</p>
<p>In this context, it is crucial to start by developing an understanding of which technologies are at the forefront of bringing in Industry 4.0. Such an understanding will further help understand which jobs, and more specifically, job functions are at the greatest risk of being replaced by automation technologies. To further contextualise the impact, it is imperative to develop a comprehensive understanding of how job functions are organised within the sector itself. This becomes especially relevant with the emphasis Industry 4.0 places on the horizontal and vertical integration of the various technologies constituting Industry 4.0. [5]</p>
<p>It is anticipated that to stay ahead of the curve of ‘technological unemployment’ there will be significant skilling and re-skilling challenges to enable new talent addition around emerging job roles. [6] The skilling challenge gains enhanced importance in the broader context of nurturing an inclusive digital economy. [7] This is particularly relevant in the context of female labour force participation, since it has been predicted that job creation will be concentrated in sectors where females are underrepresented and difficult to retain, while sectors with higher female participation, such as secretarial work, will undergo job loss. [8]</p>
<p>However, it is not clear how these trends will play out in the future, particularly because other structural changes are taking place simultaneously (such as globalisation and protectionism, demographic change, policy making, technological adoption etc.).</p>
<h3><strong>Objective and Scope</strong></h3>
<p>This research seeks to contribute to existing studies and dialogue on the impact and effect of industry 4.0 on work in the Information Technology services (IT) sector in India. Though the research focuses on the impact of technologies that comprise Industry 4.0, such technologies are frequently interchanged with the words ‘automation’ and ‘digitisation’. Thus, the desk research also examines the impact of ‘automation’ and ‘digitisation’ on the IT sector in India. The case study looks atthe IT sector broadly and where applicable, calls out information specific to sub-sectors such as IT enabled services (IT-eS) or Business Process Management (IT-BPM). The IT sector in India is uniquely placed; it is producing the technologies that are disrupting work in other industries as well as implementing them internally. This report focuses on the latter, but brings into context the former when relevant to work in the sector.</p>
<p>By drawing out trends and providing an analysis of contextual, quantitative and qualitative data on changes to work and labour markets in India as a result of technological uptake, it is anticipated that comparative research can be enabled by creating a framework that can be replicated in other, particularly developing, contexts.</p>
<p> </p>
<h3><strong>References</strong></h3>
<p>[1] Carl Benedikt Frey and Michael A. Osborne, 2013. The future of employment: How susceptible are jobs to computerisation?, Oxford Martin School, September.</p>
<p>[2] See David H. Autor & Michael J. Handel, 2013. “Putting Tasks to the Test: Human Capital, Job Tasks, and Wages,” Journal of Labor Economics, University of Chicago Press, Vol. 31(S1), pages S59 -S96. See also: Future of Work and Skills, The Organisation for Economic Co-operation and Development, February 2017.</p>
<p>[3] Business Today, AI, automation will cost 7 lakh IT jobs by 2022, says report. (November 7, 2017) Retrieved <a href="https://www.businesstoday.in/sectors/it/ai-and-automation-to-cost-7-lakh-it-jobs-by-2022-says-report/story/259880.html">https://www.businesstoday.in/sectors/it/ai-and-automation-to-cost-7-lakh-it-jobs-by-2022-says-report/story/259880.html</a></p>
<p>[4] Advantage India, India Brand Equity Foundation. Retrieved <a href="https://www.ibef.org/download/IT-ITeS-Report-Apr-2018.pdf">https://www.ibef.org/download/IT-ITeS-Report-Apr-2018.pdf</a></p>
<p>[5] Embracing Industry 4.0 -and Rediscovering Growth, Boston Consulting Group. Retrieved <a href="https://www.bcg.com/capabilities/operations/embracing-industry-4.0-rediscovering-growth.aspx">https://www.bcg.com/capabilities/operations/embracing-industry-4.0-rediscovering-growth.aspx</a></p>
<p>[6] India’s Readiness for Industry 4.0 -A Focus on Automotive Sector, Grant Thorton and Confederation of Indian Industry. Retrieved <a href="http://www.nasscom.in/sites/default/files/NASSCOM_Annual_Guidance_Final_22062017.pdf">http://www.nasscom.in/sites/default/files/NASSCOM_Annual_Guidance_Final_22062017.pdf</a></p>
<p>[7] G20 Insights, Bridging the digital divide: Skills for the new age., Retrieved <a href="http://www.g20-insights.org/policy_briefs/bridging-digital-divide-skills-new-age/">http://www.g20-insights.org/policy_briefs/bridging-digital-divide-skills-new-age/</a></p>
<p>[8] World Economic Forum, The Future of Jobs -Employment, Skills and Workforce Strategy for the Fourth Industrial Revolution, (January 2016).</p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/future-of-work-in-india-it-it-es-sector'>http://editors.cis-india.org/internet-governance/blog/future-of-work-in-india-it-it-es-sector</a>
</p>
No publisherAayush Rathi and Elonnai HickokFuture of Workinternet governanceInternet Governance2020-04-28T09:52:59ZBlog Entry