[September 2-9] CCG’s Week in Review: Curated News in Information Law and Policy

This week, Delhi International Airport deployed facial recognition on a ‘trial basis’ for 3 months, landline communications were restored in Kashmir as the Government mulls over certification for online video streaming platforms like Netflix and PrimeVideo – presenting this week’s most important developments in law, tech and national security.

Aadhaar

  • [Sep 3] PAN will be issued automatically using Aadhaar for filing returns: CBDT, DD News report.
  • [Sep 3] BJD set to collect Aadhaar numbers of its members in Odisha, Opposition parties slam move, News 18 report; The New Indian Express report; Financial Express report.
  • [Sep 5] Aadhaar is secure, says ex-UIDAI chief, Times of India report.
  • [Sep 5] Passport-like Aadhaar centre opened in Chennai: Online appointment booking starts, Livemint report.
  • [Sep 8] Plans to link Janani Suraksha and Matra Vandan schemes with Aadhaar: CM Yogi Adityanath, Times of India report.

Digital India

  • [Sep 5] Digital media bodies welcome 26% FDI cap, Times of India report.
  • [Sep 6] Automation ‘not  threat’ to India’s IT industry, ET Tech report.
  • [Sep 6] Tech Mahindra to modernise AT&T network systems, Tech Circle report.

Data Protection and Governance

  • [Sep 2] Health data comes under the purview of Data Protection Bill: IAMAI, Inc42 report.
  • [Sep 2] Credit history should not be viewed as sensitive data, say online lenders, Livemint report.
  • [Sep 3] MeitY may come up with policy on regulation of non-personal data, Medianama report.
  • [Sep 3] MeitY to work on a white paper to gain clarity on public data regulations, Inc42 report.
  • [Sep 6] Treating data as commons is more beneficial, says UN report, Medianama report.
  • [Sep 9] Indian Government may allow companies to sell non-personal data of its users, Inc42 report, The Economic Times report.
  • [Sep 9] Tech firms may be compelled to share public data of its users, ET Tech report.

Data Privacy and Breaches

  • [Sep 2] Chinese face-swap app Zao faces backlash over user data protection, KrAsia report; Medianama report.
  • [Sep 2] Study finds Big Data eliminates confidentiality in court judgments, Swiss Info report.
  • [Sep 4] YouTube will pay $170 million to settle claims it violated child privacy laws, CNBC report; FTC Press Release.
  • [Sep 4] Facebook will now let people opt-out of its face recognition feature, Medianama report.
  • [Sep 4] Mental health websites in Europe found sharing user data for ads, Tech Crunch report.
  • [Sep 5] A huge database of Facebook users’ phone numbers found online, Tech Crunch report.
  • [Sep 5] Twitter has temporarily disabled tweet to SMS feature, Medianama report.
  • [Sep 6] Fake apps a trap to track your device and crucial data, ET Tech report.
  • [Sep 6] 419 million Facebook users phone numbers leaked online, ET Tech report; Medianama report
  • [Sep 9] Community social media platform, LocalCircles, highlights data misuse worries, The Economic Times report.

Free Speech

  • [Sep 7] Freedom of expression is not absolute: PCI Chairman, The Hindu report.
  • [Sep 7] Chennai: Another IAS officer resign over ‘freedom of expression’, Deccan Chronicle report.
  • [Sep 8] Justice Deepak Gupta: Law on sedition needs to be toned down if not abolished, The Wire report.

Online Content Regulation

  • [Sep 3] Government plans certification for Netflix, Amazon Prime, Other OTT Platforms, Inc42 report.
  • [Sep 4] Why Justice for Rights went to court, asking for online content to be regulated, Medianama report.
  • [Sep 4] Youtube claims new hate speech policy working, removals up 5x, Medianama report.
  • [Sep 6] MeitY may relax norms on content monitoring for social media firms, ET Tech report; Inc42 report; Entrackr report.

E-Commerce

  • [Sep 4] Offline retailers accuse Amazon and Flipkart of deep discounting, predatory pricing and undercutting, Medianama report; Entrackr report.
  • [Sep 6] Companies rely on digital certification startups to foolproof customer identity, ET Tech report.

Digital Payments and FinTech

  • [Sep 3] A sweeping reset is in the works to bring India in line with fintech’s rise, The Economic Times report.
  • [Sep 3] Insurance and lending companies in agro sector should use drones to reduce credit an insurance risks: DEA’s report on fintech, Medianama report.
  • [Sep 3] Panel recommends regulating fintech startups, RBI extends KYC deadline for e-wallet companies, TechCircle report.
  • [Sep 4] NABARD can use AI and ML to create credit scoring registry: Finance Ministry report on FinTech, Medianama report.
  • [Sep 5] RBI denies action against Paytm Payments bank over PIL allegation, Entrackr report.
  • [Sep 5] UPI entities may face market share cap, ET Tech report.
  • [Sep 6] NBFC license makes fintech startups opt for lending, ET Tech report.
  • [Sep 9] Ease access to credit history: Fintech firms, ET Markets report.

Cryptocurrencies

  • [Sep 1] Facebook hires lobbyists to boost crypto-friendly regulations in Washington, Yahoo Finance report.
  • [Sep 2] US Congress urged to regulate crypto under Bank Secrecy Act, Coin Telegraph report.
  • [Sep 2] Indian exchanges innovate as calls for positive crypto regulation escalate, Bitcoin.com report.
  • [Sep 4] Marshall Islands official explains national crypto with fixed supply, Coin Telegraph report.
  • [Sep 5] Apple thinks cryptocurrency has “long-term potential”, Quartz report.
  • [Sep 5] NSA reportedly developing quantum-resistant ‘crypto’, Coin Desk report.
  • [Sep 6] Crypto stablecoins may face bottleneck, ET Markets report.

Cybersecurity

  • [Sep 3] Google’s Android suffers sustained attacks by anti-Ugihur hackers, Forbes report.
  • [Sep 4] Firefox will not block third-party tracking and cryptomining by default for all users, Medianama report.
  • [Sep 4] Insurance companies are fueling ransomware attacks, Defense One report.
  • [Sep 5] Firms facing shortage of skilled workforce in cybersecurity: Infosys Research, The Economic Times report.
  • [Sep 5] Cybersecurity a boardroom imperative in almost 50% of global firms: Survey, Outlook report; ANI report.
  • [Sep 5] DoD unveils new cybersecurity certification model for contractors, Federal News Network report.
  • [Sep 5] Jigsaw Academy launches cybersecurity certification programme in India, DQ India report.
  • [Sep 6] Indians lead the world as Facebook Big Bug Hunters, ET Tech report.
  • [Sep 6] Australia is getting a new cybersecurity strategy, ZD Net report.
  • [Sep 9] China’s 5G, industrial internet roll-outs to fuel more demand for cybersecurity, South China Morning Post report.

Tech and National Security

  • [Sep 3] Apache copters to be inducted today, The Pioneer report.
  • [Sep 3] How AI will predict Chinese and Russian moves in the Pacific, Defense One report.
  • [Sep 3] US testing autonomous border-patrol drones, Defense One report.
  • [Sep 3] Meet the coalition pushing for ‘Cyber Peace’ rules. Defense One report.
  • [Sep 4] US wargames to try out concepts for fighting China, Russia, defense One report.
  • [Sep 4] Southern Command hosts seminar on security challenges, Times of India report; The Indian Express report
  • [Sep 4] Russia, already India’s biggest arms supplier, in line for more, Business Standard report.
  • [Sep 4] Pentagon, NSA prepare to train AI-powered cyber defenses, Defense One report.
  •  [Sep 5] Cabinet clears procurement of Akash missile system at Rs. 5500 crore, Times Now report.
  • [Sep 5] India to go ahead with $3.1 billion US del for maritime patrol aircraft, The Economic Times report.
  • [Sep 5] DGCA certifies ‘small’ category drone for complying with ‘No-Permission, No-Takeoff’ protocol, Medianama report.
  • [Sep 5] India has never been aggressor but will not hesitate in using its strength to defend itseld: Rajnath Singh, The Economic Times report.
  • [Sep 5] Panel reviewing procurement policy framework to come out with new versions of DPP, DPM by March 2020, The Economic Times report; Business Standard report; Deccan Herald report.
  • [Sep 5] Russia proposes joint development of submarines with India, The Hindu report.
  • [Sep 7] Proud of you: India tells ISRO after contact lost with CHandrayaan-2 lander, India Today report.

Tech and Elections

  • [Sep 4] ECI asks social media firms to follow voluntary code of ethics ahead of state polls: report, Medianama report.
  • [Sep 6] Congress party to reorganise its data analytics department, Medianama report.
  • [Sep 5] Why the 2020 campaigns are still soft targets for hackers, Defense One report.
  • [Sep 5] Facebook meets with FBI to discuss election security, Bloomberg report.
  • [Sep 5] Facebook is making its own AI deepfakes to head off a disinformation disaster, MIT Tech Review report.

Internal Security: J&K

  • [Sep 4] Long convoy, intel failure: Multiple lapses led to Pulwama terror attack, finds CRPF inquiry, India Today report; Kashmir Media Service report; The Wire report.
  • [Sep 4] Extension of President’s Rule in Kashmir was not delayed, MHA says in report to SC lawyer’s article, Scroll.in report.
  • [Sep 6] Landline communication restored in Kashmir Valley: Report, Medianama report.
  • [Sep 7] Kashmir’s Shia areas face curbs, all Muharram processions banned, The Quint report.
  • [Sep 7] No question of army atrocities in Kashmir as it’s only fighting terrorists: NSA Ajit Doval, India Today report.
  • [Sep 8] More than 200 militants trying to cross into Kashmir from Pakistan: Ajit Doval, Money Control report.
  • [Sep 8] ‘Such unilateral actions are futile’, says India after Pakistan blocks airspace for President Kovind, Scroll.in report; NDTV report.

Internal Security: NRC

  • [Sep 2] Contradictory voices in Assam Congress son NRC: Tarun Gogoi slams it as waste paper, party MP says historic document, India Today report.
  • [Sep 3] Why Amit Shah is silent on NRC, India Today report.
  • [Sep 7] AFSPA extended for 6 months in Assam, Deccan Herald report.
  • [Sep 7] At RSS mega meet, concerns over Hindus being left out of NRC: Sources, Financial Express report.

National Security Institutions and Legislation

  • [Sep 5] Azhar, Saeed, Dawood declared terrorists under UAPA law, Deccan Herald report; The Economic Times report.
  • [Sep 8] Home Minister says India’s national security apparatus more robust than ever, Livemint report.
  • [Sep 8] Financial safety not national security reason for women to join BSF: Study, India Today report.

Telecom/5G

  • [Sep 6] Security is an issue in 5G: NCSC Pant on Huawei, Times of India report.

More on Huawei

  • [Sep 1] Huawei believes banning it from 5G will make countries insecure, ZD Net report.
  • [Sep 2] Huawei upbeat on AI strategy for India, no word on 5G roll-out plans yet, Business Standard report.
  • [Sep 3] Huawei denies US allegations of technology theft, NDTV Gadgets 260 report; Business Insider report; The Economic Times report.
  • [Sep 3] Shocking Huawei ‘Extortion and Cyberattack’ allegations in new US legal fight, Forbes report; Livemint report, BBC News report; The Verge report
  • [Sep 3] Committed to providing the most advanced products: Huawei, ET Telecom report.
  • [Sep 4] Huawei says 5G rollout in India will be delayed by 3 years if it’s banned, Livemint report
  • [Sep 4] Trump not interested in talking Huawei with China, Tech Circle report.
  • [Sep 5] Nepal’s only billionaire enlists Huawei to transform country’s elections, Financial Times report.
  • [Sep 8] Trump gets shocking new Huawei warning – from Microsoft, Forbes report.

Emerging Tech

  • [Aug 30] Facebook is building an AI Assistant Inside Minecraft, Forbes report.
  • [Sep 3] AWS partners with IIT KGP for much needed push to India’s AI skilling, Inc42 report.
  • [Sep 3] Behind the Rise of China’s facial recognition giants, Wired report.
  • [Sep 4] Facebook won’t use facial recognition on you unless you tell it to, Quartz report.
  • [Sep 4] An AI app that turns you into a movie star has risked the privacy of millions, MIT Technology Review report.
  • [Sep 6] Police use f facial recognition is accepted by British Court, The New York Times report.
  • [Sep 6] Facebook, Microsoft announce challenge to detect deepfakes, Medianama report.
  • [Sep 6] Facial recognition tech to debut at Delhi airport’s T3 terminal; on ‘trial basis’ for next three months, Medianama report.

Internet Shutdowns

  • [Sep 3] After more than 10 weeks, internet services in towns of Rakhine and Chin restored, Medianama report.
  • [Sep 4] Bangladesh bans mobile phone services in Rohingya camps, Medianama report.

Opinions and Analyses

  • [Sep 2] Michael J Casey, Coin Desk, A crypto fix for a broken international monetary system.
  • [Sep 2] Yengkhom Jilangamba, News18 Opinion, Not a solution to immigration problem, NRC final list has only brought to surface fault lines within society.
  • [Sep 2] Samuel Bendett, Defense One, What Russian Chatbots Think About Us.
  • [Sep 2] Shivani Singh, Hindustan Times, India’s no first use policy is a legacy that must be preserved.
  • [Sep 3] Abir Roy, Financial Express, Why a comprehensive law is needed for data protection. 
  • [Sep 3] Dhirendra Kumar, The Economic Times, Aadhaar is back for mutual fund investments.
  • [Sep 3] Ashley Feng, Defense One, Welcome to the new phase of US-China tech competition.
  • [Sep 3] Nesrine Malik, The Guardian, The myth of the free speech crisis.
  • [Sep 3] Tom Wheeler and David Simpson, Brookings Institution, Why 5G requires new approaches to cybersecurity.
  • [Sep 3] Karen Roby, Tech Republic, Why cybersecurity is a big problem for small businesses.
  • [Sep 4] Wendy McElroy, Bitcoin.com, Crypto needs less regulation, not more.
  • [Sep 4] Natascha Gerlack and Elisabeth Macher, Modaq.com, US CLOUD Act’s potential impact on the GDPR. 
  • [Sep 4] Peter Kafka, Vox, The US Government isn’t ready to regulate the internet. Today’s Google fine shows why.
  • [Sep 5] Murtaza Bhatia, Firstpost, Effective cybersecurity can help in accelerating business transformation. 
  • [Sep 5] MG Devasahayam, The Tribune, Looking into human rights violations by Army.
  • [Sep 5] James Hadley, Forbes, Cybersecurity Frameworks: Not just for bits and bytes, but flesh and blood too.
  • [Sep 5] MR Subramani, Swarajya Magazine, Question at heart of TN’s ‘WhatsApp traceability case’: Are you endangering national security if you don’t link your social media account with Aadhaar? 
  • [ Sep 5] Justin Sherman, Wired, Cold War Analogies are Warping Tech Policy.
  • [Sep 6] Nishtha Gautam, The Quint, Peer pressure, militant threats enforcing civil curfew in Kashmir?
  • [Sep 6] Harsh V Pant and Kartik Bommakanti, Foreign Policy, Modi reimagines the Indian military.
  • [Sep 6] Shuman Rana, Business Standard, Free speech in the crosshairs.
  • [Sep 6] David Gokhshtein, Forbes, Thoughts on American Crypto Regulation: Considering the Pros and Cons.
  • [Sep 6] Krishan Pratap Singh, NDTV Opinion, How to read Modi Government’s stand on Kashmir.
  • [Sep 7] MK Bhadrakumar, Mainstream Weekly, The Big Five on Kashmir.
  • [Sep 7] Greg Ness, Security Boulevard, The Digital Cyber Security Paradox.
  • [Sep 8] Lt. Gen. DS Hoods, Times of India, Here’s how to take forward the national security strategy.
  • [Sep 8] Smita Aggarwal, Livemint, India’s unique public digital platforms to further inclusion, empowerment. 

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CCG’s Week in Review: Curated News in Information Law and Policy [August 26-September 2]

MeitY sought views on ‘non-personal data’; India and France announce joint research consortium on AI and digital partnership after NSA-level talks; Section 144 CrPC imposed in areas of Assam anticipating unrest after the publication of the NRC list as the MHA holds a high-level security meet on Kashmir; and the tussle between MeitY and the Niti Aayog for control over the Rs. 7000 cr AI project continues – presenting this week’s most important developments at the intersection of law and tech.

Aadhaar

  • [Aug 27] Aadhaar integration can weed out fake voters: UIDAI’s Ajay Bhushan Pandey, Business Standard report.
  • [Aug 27] Government to intensify Aadhaar enrolment in J&K after Oct 31: Report, Medianama report; Times Now report; The Quint report
  • [Aug 27] Interview: Why I filed a case to link Aadhaar and Social Media Accounts, The Quint report.
  • [Aug 27] Aadhaar database cannot be hacked even after a billion attempts: Ravi shankar Prasad, Money Control report.
  • [Aug 27] Most dangerous situation: Justice Srikrishna on EC-Aadhaar linking, The Quint report.
  • [Aug 28] Aadhaar ads to women’s problems in India. Here’s why. The Wire report.
  • [Aug 28] What Centre will tell Supreme Court on Aadhaar and social media account linkage, The Hindustan Time report.
  • [Aug 28] All residents of an MP village have the same date of birth on their Aadhaar, Business Standard report.
  • [Aug 29] Blood banks advised to ask for donors’ Aadhaar cards, Times of India report.
  • [Aug 29] Aadhaar continues to evolve and grow as India issues biometric seafarers’ ID, Biometric Update report.
  • [Aug 31] Aadhaar mandatory for farmers to avail crop loan in Odisha, Odisha Sun Times report.
  • [Sep 1] NRIs to get Aadhaar sans 180-day wait in 3 months, The Hindu report.
  • [Sep 1] Aadhaar-liquor link to check bottle littering? Deccan Herald report.
  • [Sep 1] Linking Aadhaar with social media can lead to insidious profiling of people, says Apar Gupta, Times of India report.

Digital India

  • [Aug 27] NASSCOM-DSCI on National Health Stack: separate regulatory body for health, siloed registries, usage of single ID, Medianama report.
  • [Aug 27] Govt looks to develop electronics component manufacturing base in India: MeitY Secretary, YourStory report; Money Control report.
  • [Aug 30] India is encouraging foreign firms to shift biz from China: report, Medianama report; Reuters report.
  • [Aug 30] Wipro, Google to speed up digital shift of enterprises, ET Telecom report.
  • [Aug 30] Government committed to reach public via technology, Times of India report.
  • [Aug 31] MeitY and Google tie up to Build for Digital India, Livemint report; India TV report; ANI report; The Statesman report; Inc42 report.
  • [Sep 1] Govt is setting up high-tech R&D facilities for India Inc to encourage big-bang projects, ET Tech report.
  • [Sep 1] Digitalisation is now forcing NASSCOM to reinvent itself, ET Tech report.

Free Speech

  • [Aug 26] IAS Officer who quit over ‘losing freedom of expression’ was facing disciplinary action for misconduct, Swarajya Magazine report.
  • [Aug 27] Withdraw media curbs in Kashmir, The Hindu report.
  • [Aug 27] EU data caught in Facebook audio transcribing, Politico report.
  • [Aug 30] BJP issues gag order on Pragya Thakur after ‘black magic’ remark post Arun Jaitley’s death. News 18 report.
  • [Aug 31] Chargesheet filed against ex-Union Minister Salman Khurshid over remark in UP CM Yogi Adityanath, India Today report.
  • [Aug 31] Rafale deal: Rahul Gandhi summoned by Mumbai court for calling Narendra Modi ‘commander-in-thief’, Scroll.in report.
  • [Aug 31] Media freedom being curbed, says Mamata, The Hindu report.
  • [Sep 1] Madurai man booked for Facebook post against Centre, Army, Times of India report.

Internet Shutdowns

  • [Aug 26] Internet suspended in Indonesia’s Papua region for ‘ security and order’ amid protests, Medianama report.
  • [Aug 29] Months after pledge to open internet, Ethiopia disrupts connectivity amidst communal violence, Global Voices report.

Data Protection and Privacy

  • [Aug 27] Government’s approach to data is dangerous, says Justice Srikrishna, Medianama report.
  • [Aug 27] Microsoft’s lead EU data watchdog is looking into fresh Windows 10 privacy concerns, Tech Crunch report.
  • [Aug 30] This Week in Tech: Facebook’s privacy pivot (business model not included), The New York Times report.
  • [Aug 31] MeitY seeks views on non-personal data, ET Tech report.
  • [Aug 31] Google to pay out $150-200m over YouTube privacy claims: reports, The Hindu report.
  • [Sep 2] Let data protection Bill deal with personal health data, says IAMAI, Business Standard report.

Intermediary Liability

  • [Aug 27] Government notices and issue in TikTok’s ShareChat notices: To ask TikTok how its intermediary status is consistent with claims on owning content, ET Telecom report; Inc42 report.

E-Commerce

  • [Aug 27] Thailand to tax e-commerce companies from next year, Medianama report.
  • [Aug 27] NRAI sends notices to Swiggy, Zomato, others on deep discounting, lack of transparency, Tech Circle report.
  • [Aug 29] MeitY may not include E-commerce data in privacy bill, The Economic Times report; Medianama report; Inc42 report.
  • [Aug 29] 30% local sourcing FDI rule on single brand retailers relaxed, physical stores before online sales not necessary, Medianama report.
  • [Aug 29] Amazon moves Supreme Court against direct selling companies: Report, Medianama report; The Economic Times report.
  • [Aug 30] India big enough for both e-commerce and small retailers: Rajiv umar, ET Tech report.
  • [Aug 30] Zomato, Swiggy and NRAI discuss issues, to meet again in September, Medianama report.
  • [Aug 30] DPIIT asks e-commerce firms to upload FDI compliance certifications, Medianama report.
  • [Aug 31] Why restaurants and aggregators are locking horns over discounts, ET Tech report.
  • [Aug 31] CAIT slams Amazon in public discussion over deep discounting, Entrackr report.
  • [Aug 31] E-marketplaces giving preferential treatment to come: Sellers, ET Tech report.
  • [Sep 2] Swiggy likely to cap restaurant commissions at 25%, ET Tech report.

Digital Payments and FinTech

  • [Aug 30] Another extension for e-wallets: RBI gives 6 months to complete KYC, Entrackr report.
  • [Sep 2] Banks may take 3 years for tech merger, ET Tech report.

Cryptocurrencies

  • [Aug 25] IRS sends new round of letter to Bitcoin and Crypto holders, Coin Telegraph report.
  • [Aug 26] 25]year old Bitcoin seller faces life sentence for unlicensed exchange, Coin Desk report.
  • [Aug 26] Telegram’s 300 million users could soon be trading Bitcoin and Crypto- Despite serious security warning, Forbes report.
  • [Aug 28] Crypto-jacking virus infects 850,000 serves, hackers run off with millions, Coin Desk report.
  • [Aug 30] UN Official: Crypto makes policing child trafficking ‘exceptionally difficult’, Coin Desk report.
  • [Aug 30] How do we get crypto currency to circulate as money? This experiment might hold the answer, The Print report.
  • [Aug 30] Privacy in Crypto: The Impact of Rising Terrorism Concerns, Forbes report.
  • [Aug 28] Telegram to release its cryptocurrency by October 31, Medianama report; ET Markets report.

Tech and Law Enforcement

  • [Aug 26] End-to-end encryption not essential to WhatsApp as a platform: Tamil Nadu Advocate General, Medianama report.
  • [Aug 27] WhatsApp traceability vulnerable to falsification, claims IFF expert submission, Firstpost report; Medianama report.
  • [Aug 31] A new kind of cybercrimes uses AI and your voice against you, Quartz report.

Tech and National Security

  • [Aug 26] Russia to supply critical components of Gaganyaan, Free Press Journal report.
  • [Aug 26] CAG report on offset deal in Rafale contract to be tabled in Winter Session: Report, News Nation report.
  • [Aug 27] Gaganyaan Mission: Russia to train four Indian astronauts from November, DNA India report.
  • [Aug 27] Centre inks Rs 380 cr deal with private firm for nine precision approach radars, DNA India report.
  • [Aug 27] Navy needs “assured” budget support to build capacity: CHief, The Economic Times report; The Indian Express report; Outlook India report.
  • [Aug 27] ITI Nagpur students to learn to assemble Rafale jets, The Economic Times report.
  • [Aug 27] Incentivise pvt sector for defence production: Brookings, Outlook India report.
  • [Aug 28] Amazon and Microsoft unchallenged in $10bn ‘Jedi’ contract review, Financial Times report.
  • [Aug 28] India’s HAL deepens private sector engagement through Make-II initiative, Jane’s 360 report.
  • [Aug 29] NSA-level meet today, France keen to sell second batch of 36 Rafales, The Indian Express report; Financial Express report; ANI News report.
  • [Aug 30] Russia set to offer submarines during Modi-Putin summit, Defence Aviation Post report.
  • [Aug 30] India must be prepared to face any threat: Vice President Venkaiah Naidu, The New Indian Express report.
  • [Aug 31] US to use fake social media to check on people entering the country, India Today report.

Cybersecurity

  • [Aug 26] Ransomware threat raises National Guard’s role in state cybersecurity in the United States, Statescoop report.
  • [Aug 26] The Pentagon wants to bolster Defense Innovation Unit’s Cyber defenses, Nextgov report.
  • [Aug 27] The importance of training: Cybersecurity awareness as a firewall, Forbes report.
  • [Aug 28] Why cybersecurity is a central ingredient in evolving digital business models, Financial Express report.
  • [Aug 28] Cyber security and the finance sector: the need for stronger data protection capabilities, Security Boulevard report.
  • [Aug 28] India to unveil cybersecurity strategy policy early next year, Financial Express report; Inc42 report.
  • [Aug 28] Face it – Biometrics to be big in cybersecurity, Forbes report.
  • [Aug 28] MHA has taken various measures to counter cyber threat: MoS Kishan Reddy, United News of India report.
  • [Aug 30] Google says hackers have put ‘monitoring implants’ in iPhones for years, The Guardian report; DW report.
  • [Aug 30] Employee errors responsible for half of cybersecurity incidents: report, The Hindustan Times report.
  • [Aug 30] Despite changes by Microsoft, Windows 10 might still be remotely spying on you, Digital Trends report.
  • [Aug 30] Only 5-10% pharma firms have cybersecurity: Expert, Times of India report.

Internal Security: J&K

  • [Aug 27] Kashmir updates: UN Chief urges all parties to avoid escalation, India Today report.
  • [Aug 27] Kashmir: MHA to hold high level security meet; SC will hear Faesal and Shehla Rashid, The Week report.
  • [Aug 29] There is only fear and no ‘freedom’ in the Northeast and J&K, The Wire report.
  • [Aug 29] ‘Feel unsafe at home’: J&K residents accuse security forces of raiding houses, arresting ‘innocent’ Kashmiri youth under Public Safety Act, Firstpost report.
  • [Aug 30] Jammu and Kashmir: Rumours fly thick but slow in absence of communication, The Economic Times report.
  • [Aug 30] Army Chief to review security in J&K today, his first visit after Art 370 repeal, The Hindustan Times report.
  • [Aug 31] Mobile services restored partially in Kashmir’s Kupwara district, ET Telecom report.

Internal Security: North East and the NRC

  • [Aug 29] Security measures tightened in Assam, Sec 144 CrPC in Guwahati ahead of final NRC, India Today report.
  • [Aug 30] Assam police declare 14 districts as sensitive areas, Times of India report.
  • [Aug 30] How the National Citizenship Registration in Assam is shaping a new national identity in India, The Conversation report.
  • [Aug 30] NRC not to solve foreigner problem: Himanta Biswa Sarma, Deccan herald report.
  • [Aug 31] No Aadhaar from elsewhere for those excluded from NRC, ET Tech report.
  • [Aug 31] Assam on edge a day before publication of NRC, India Today report.
  • [Sep 1] Assam BJP, Opposition unhappy with updated NRC, India Today report.
  • [Sep 1] Assam NRC final list: Centre in no hurry for follow-up, The Hindu report.
  • [Sep 1] Happy to know how many are doubtful citizens, says AIUDF, The Telegraph report.
  • [Sep 1] Indian citizens register excludes 1.9m Assam residents, Financial Times report.

Telecom/5G

  • [Aug 26] India will not compromise on security of telecom networks: Dhotre, ET Telecom report.
  • [Aug 27] 5G spectrum sale may be deferred to early 2020, ET Telecom report.
  • [Aug 27] Govt invites bids to select agency for conducting spectrum auction, ET Telecom report.
  • [Aug 28] Reliance Jio records highest telecom revenue market share in Q1FY20, Medianama report.
  • [Aug 31] Govt focusing on improved telecom connectivity in NE, ET Telecom report.
  • [Aug 28] 3G network to shut by December, 5G adoption not expected, Phonepe, Paytm and more, Medianama report.

More on Huawei

  • [Aug 26] 5G trials: China aggression will work against Huawei, say India officials, India Express report.
  • [Aug 27] New Huawei OS Shock: ‘Confirmation’ of Russian Software for mobile devices, Forbes report; Reuters report.
  • [Aug 27] Huawei: UK to make 5G decision ‘by the autumn’, BBC News report.
  • [Aug 29] Huawei’s next flagship phone blocked from using Google apps, The Guardian report.
  • [Aug 30] Huawei under probe by US prosecutors over new allegations, ET Telecom report; Business Standard report.
  • [Sep 1] Huawei just launched 5G in Russia with Putin’s Support: ‘Hello Splinternet’, Forbes report.

Emerging Tech and AI

  • [Aug 27] Niti Aayog, MeitY spar over Rs. 7,000 crore AI mission, ET Telecom report; Inc42 report; Entrackr report.
  • [Aug 27] India, France announce joint research consortium on AI and a digital partnership, Medianama report.
  • [Aug 28] Elon Musk and Jack Ma debate AI at China Summit, Bloomberg report.
  • [Aug 28] Is this Aadhaar of the future? Facial biometric technology-based chip-enabled cards issues, The Economic Times report.
  • [Aug 28] National security imperative to become $5trillion economy: Amit Shah, Livemint report; The Asian Age report.
  • [Aug 29] Swedish school fined over use of facial recognition, Lexology report.

Big Tech

  • [Aug 26] India is important, that’s why bringing hardware devices here: Google, ET Telecom report.
  • [Aug 26] Facebook wins appeal against German Data-Collection ban, The Wall Street Journal report.
  • [Aug 26] Instagram’s latest assault on Snapchat is a messaging app called Threads, The Verge report.
  • [Aug 28] Google is moving Pixel production from China to an old Nokia factory in Vietnam, The Verge report.
  • [Aug 30] Google expands scope of its bug bounty programme, unveils data protection reward programme for developers, NDTV Gadgets 360 report.

Opinions and Analyses

  • [Aug 25] Jon Evans, Tech Crunch, Crypto means Cryptotheology.
  • [Aug 26] Guest Author, Medianama, Should Indian Copyright law prevent text and data mining?
  • [Aug 26] Vishal Chawla, Analytics India Magazine, Why IoT security standards are crucial in preventing hackers from stealing your data.
  • [Aug 26] The Hindu Editorial, ON the wrong side: On PCI backing Kashmir restrictions.
  • [Aug 26] Robert S Taylor, Lawfare, How to measure Cybersecurity.
  • [Aug 26] Mike Giglio, Defense One, China’s Spies Are on the Offensive. Can the US Fend Them Off?
  • [Aug 27] Gurshabad Grover, The Hindu, A judicial overreach into matters of regulation.
  • [Aug 27] Maj Gen Harsha Kakkar, Bharat Shakti, Foreign Policy and National Security.
  • [Aug 27] A Vinod Kumar, Institute for Defence Studies and Analyses, ‘No First Use’ is Not Sacrosanct: Need a Theatre-Specific Posture for Flexible Options.
  • [Aug 27] Jack Cable, Harvard Business Review, Every computer science degree should require a course in cybersecurity.
  • [Aug 27] Rahul Singh, The Hindustan Times, Key decisions underline govt’s focus on building stronger military.
  • [Aug 27] The Economic Times Opinion, Aadhaar linkage with social media is troublesome.
  • [Aug 28] Vikram Koppikar, Money Control, Aadhaar and Social Media: It’s a delicate balance between security and privacy. 
  • [Aug 28] Abhijit Singh. The Hindu, The CHief of Defence Staff needs an enabling institutional infrastructure.
  • [Aug 28] Samantha Ravish, Defense One, The US must prepare for a Cyber ‘Day After’.
  • [Aug 28] Mike Masnick, Tech Dirt, Protocols, not platformsL A technological approach to free speech.
  • [Aug 29] Dhruva Jaishankar, The Hindustan Times, The saga of India’s indigenous defence production.
  • [Aug 29] The Print, Does War & Peace taunt show how poorly equipped India judges are to handle security cases?
  • [Aug 30] Rohan Seth, The Asian Age, Wider debate needed on major changes in data protection law.
  • [Aug 30] Amit Cowshish, Institute for Defence Studies and Analyses, CDS: A pragmatic blueprint required for implementation.
  • [Aug 30] Crystal Lee and Jonathan Zong, Slate, Consent is not an ethical rubber stamp.
  • [Aug 30] Gopal Krishna, Business Today, Why the promised right to privacy and data protection law hasn’t been enacted yet. 
  • [Aug 31] Bidanda Chengappa, Deccan Herald, Peacetime spying is legitimate.
  • [Aug 31] Sandipan Deb, Livemint, When social media monopolies prey on freedom of expression.

[July 15-22] CCG’s Week in Review: Curated News in Information Law and Policy

The National Investigation Agency Act was amended by Parliament this week, expanding its investigation powers to include cyber-terrorism; FaceApp’s user data privacy issues; and the leaked bill to ban cryptocurrencies— presenting this week’s most important developments in law and tech.

Aadhaar

  • [July 15] Govt plans Aadhaar based identification of patients to maintain health records, Live Mint report; The Indian Express report.
  • [July 15] Petition in Delhi HC seeking linking of Aadhaar with property documents, Live Mint report.
  • [July 15] Government stops verification process using Aadhaar for driving license, The Economic Times report.
  • [July 15] Government stops verification process using Aadhaar for driving license: Nitin Gadkari, ET Auto report.
  • [July 18] Will Aadhaar interchangeability for ITR make PAN redundant? Live Mint report.
  • [July 18] Govt floats idea for Aadhaar-like database for mapping citizen health, Business Standard report; Money Control report; Inc42 report.
  • [July 19] Linking Aadhaar with Voter ID— Election Commission to decide within weeks, The Print report; India Legal analysis.
  • [July 21] Mumbai man fights against linking Aadhaar to salary account, The Quint report.
  • [July 21] Violating SC rules, matrimonial site sells love, marriage using Aadhaar data, National Herald report.
  • [July 22] Large cash deposits may soon need Aadhaar authentication, Times of India report; Money Control report.

Right to Information

  • [July 19] Bill to amend RTI law introduced in Lok Sabha amid opposition, India Today report.

Free Speech

  • [July 18] Ajaz Khan of Big Boss fame arrested by Mumbai Police for TikTok video, The Asian Age report; DNA India report.
  • [July 19] Guwahati HC grants anticipatory bail to poets accused of writing communally charged poetry on Assam citizenship crisis, Live Law report.

Internet Governance

  • [July 16] MeitY to finalise Intermediary Liability rules amendment by month end, Medianama report; Inc42 report.

Data Protection and Data Privacy

  • [July 17] Canada probing data theft at military research center: reports, Business recorder report.
  • [July 17] BJP raises issue of privacy breach by tech devices in Rajya Sabha, BJD demads more funds, News 18 report.
  • [July 17] TMC MPs protest outside Parliament in Delhi, demand to bring Data Protection Law, DNA India report.
  • [July 17] Democrats issue warnings against viral Russia-based face-morphing app ‘FaceApp’, NPR report.
  • [July 18] Government notice to Tiktok, Helo; asks to answer 21 questions or face ban, Gadgets Now report; Medianama report; Business insider report.
  • [July 18] Singapore data protection enforcement guide released, Asia Business law Journal report.
  • [July 18] Irish Data Protection Commission issues advice over FaceApp privacy concerns, RTE report.
  • [July 18] Govt admits to data leak of unemployment figures ahead of May announcement in Rajya Sabha, terms the issue ‘serious’, Firstpost report.
  • [July 19] From bad to worse: PM Modi’s office has asked IT Ministry to keep a close eye on TikTok, India Times report.
  • [July 20] Equifax near $700 million settlement of data breach probes: WSJ, AL Jazeera report.
  • [July 21] Jio backs data protection; highlights future growth areas like agriculture, healthcare and education, The Economic Times report.

Data Localisation

  • [July 19] Firms exploring Telangana to set up data centres, The Hindu report.
  • [July 22] Bytedance starts building local data centre in India after lawmakers complain of data privacy, Entrackr report.
  • [July 22] China’s ByteDance to store Indian data locally after MPs raise concerns on privacy, national security, ET Tech report; Outlook report.
  • [July 22] Jio backs data localization to stave off cyberattacks, ET Tech report; Medianama report.

Digital India

  • [July 15] India lags peers in tech skills: Coursera study, ET Telecom report.
  • [July 16] WiFi on the go: Government pushes to keep Bharat connected, ET Telecom report.
  • [July 17] BMTC wants to reboot its IT plan, ET tech report.
  • [July 19] How improved infrastructure and tech firms are changing game development in India, ET Tech report.

Digital Payments and E-Commerce

  • [July 14] How women are sidelined in India’s e-commerce growth, ET Tech report.  
  • [July 17] Digital payment firms write to Government, asking compensation for losses incurred due to ‘zero’ merchant fee, Latestly report.
  • [July 22] How an in-house e-commerce platform Leaf Era has revolutionsed government procurement, ET Tech report.
  • [July 22] Aditya Birla Payments Bank to shut down due to “unanticipated developments in business landscape”, Medianama report.

Cryptocurrency

  • [July 15] Hacked crypto exchange Bitpoint discovers more millions are missing, Coin Desk report.
  • [July 15] India: Leaked draft bill would ban all crypto except ‘Digital Rupee’, Coin Telegraph report.
  • news to those Swiss authorities, Business Insider report.
  • [July 16] US says cryptocurrency is a national security issue, The New Indian Express report.
  • [July 16] Bitcoin and crypto suddenly branded a national security issue, Forbes report.
  • [July 16] Crypto a security threat, instrument for illicit activities: Trump admin, Business Standard report.
  • [July 17] Facebook said its Libra cryptocurrency will be regulated by Swiss authorities – but that was
  • [July 17] Making sense of chaos? Algos scour social media for clues to crypto moves, ET Markets report
  • [July 20] Cryptokart: Another Indian crypto exchange shuts doen operations, Coin Telegraph report.
  • [July 22] Crypto-attacks are rising in Asia—and cybersecurity AI may be the best way to fight the threat: Darktrace, Business Insider report.

Emerging Tech

  • [July 13] Facial recognition tech is growing stronger, thanks to your face, New York Times report.
  • [July 19] Is there a tug of war between Niti Aayog, IT Ministry on artificial intelligence project? India Today report.

Big Tech

  • [July 15] Tech giants to face US hearings on anti-trust, cryptocurrency, ET Telecom report.
  • [July 15] Amazon Web Services still on pole for $10bn defence cloud deal after Oracle case crashes, DataEconomy.com report.
  • [July 16] Google accused of ripping off digital ad technology in US lawsuit, ET Telecom report.
  • [July 19] EU opens investigation into anti-competitive conduct of Amazon: Will it face heat in India too? Entrackr report.

Telecom/5G

  • [July 17] Govt working on revival of BSNL: Minister tells Lok Sabha, The Hindu Business Line report.
  • [July 19] Make in India: Only half of country’s 268 cellphone makers stay afloat, Financial Express report.

More on Huawei

  • [July 16] The US Congress wants to block the Trump administration from weakening Huawei restrictions, The Verge report.
  • [July 17] US-China talks stuck in rut over Huawei, The Wall Street Journal report.
  • [July 19] Two-thirds of Canadians reject closer ties to China and want Huawei banned from 5G networks, poll says, South China Morning Post report.
  • [July 20] White House to host meeting with tech executives on Huawei ban: report, Business Standard report.  

Cybersecurity

  • [July 15] Use Indian IPRs to ensure telecom network security: Trade group. ET Telecom report.
  • [July 15] Indian IT managers facing budget crunch for cybersecurity, Live Mint report
  • [July 16] Your WhatsApp, Telegram files can be hacked: Symantec, ET Telecom report.
  • [July 16] IT companies tightening salary budgets, leveraging variable pay for niche skills, ET Tech report.
  • [July 17] Druva acquires hybrid data protection form CloudLanes, The Economic Times report.
  • [July 17] Indian Army launches massive crackdown on personnel violating its cybersecurity norms, The Print report.
  • [July 19] NSO spyware targets phones to get data from Google, Facebook, iCloud: Report, Medianama report.
  • [July 20] New bills on cybersecurity, crime against women soon: Union Minister, India Today report; The Indian Express report.
  • [July 21] An entire nation just got hacked, CNN report.
  • [July 22] Fix Rogue audits; guard Indian data; bulletproof 5G: India’s new cybersecurity chief’s Vision 2020, ET Prime report.
  • [July 22] Fake FaceApp software may infect your device, says global cybersecurity company Kaspersky Lab, New Nation report.

Tech and Elections

  • [July 14] New election systems use vulnerable software, AP News report.

Tech and Law Enforcement

  • [July 12] Revealed: This is Palantir’s Top-Secret User Manual for Cops, Vice Motherboard report.
  • [July 22] WhatsApp traceability case: Details of data requests made by Tamil Nadu Govt to social media companies, Medianama report.

Tech and Military

  • [July 14] French jetpack man flyboards up Champs-Elysees for Paris Parade, RFI report.
  • [July 15] Dassault offset money to help in skill training: FM Nirmala Sitharaman, Money Control report. Economic Times report.
  • [July 16] Modi Govt to buy Pilatus trainer aircraft following corruption charges, to ban Swiss defence firm for one year, OpIndia report.
  • [July 16] If India chooses F-21, it will plug into ‘world’s largest fighter plane ecosystem’: Lockheed Martin, The Economic Times report.
  • [July 17] AI has a bias problem and that can be a big challenge in cybersecurity, CNBC report
  • [July 17] IAF on spares buying spree, The Quint report.
  • [July 19] Lockheed Martin identifies 200 potential Indian partners, Hindustan Times report.
  • [July 18] Navy to buy Rs. 1,589 crore satellite from ISRO, The Economic Times report.
  • [July 18] Indian MoD issues RFP for heavyweight torpedoes for Kalvari-class submarines, Jane’s 360 report.
  • [July 18] Rafale will provide IAF strategic deterrence: Defence Ministry, Money Control report
  • [July 19] US F-35, poster child for ineptitude, inefficiency, The Middle East Monitor report.
  • [July 19] South African Council to collaborate with Indian defence industry, Outlook India report.
  • [July 20] DRDO carries out a dozen successful summer trials of NAG anti-tank missile, ANI report.
  • [July 21] IAF Pilots could soon fly Tom Cruise;s fighter jet from Top Gun Maverick, News 18 report.
  • [July 21] India to forge ahead with Russia accord despite US threat of sanctions, DNA India report.

National Security Legislation

  • [July 15] Lok Sabha passes bill that gives more powers to NIA, Live Mint report, ANI report.
  • [July 15] Lok Sabha passes NIA Amendment Bill to give more power to anti-terror agency; here’s all you need to know, Business Insider report.
  • [July 17] What is the National Investigation Agency Bill and why is it in contention?, Money Control report.
  • [July 17] Rajya Sabha passes National Investigation Agency Amendment Bill 2019, Live Mint report; Outlook India report.
  • [July 18] Cabinet asks finance panel to consider securing non-lapsable funds for defence, The Indian Express report; Financial Express report.
  • [July 20] New bills on cybersecurity, crime against women soon: Union Minister, India Today report; The Indian Express report.

Opinions and Analyses

  • [July 11] Ryan Gallagher, The Intercept, How US Tech giants are helping build China’s Surveillance state.
  • [July 15] Jemima Kelly, Financial Express, Trump v Crypto: rage against the obscene.
  • [July 15] Ravi Shanker Kappor, News 18 Opinion, Cost of not carrying out economic reforms: Acute shortage of funds for military modernisation.
  • [July 16] Jayshree Pandya, Forbes, Nuances of Aadhaar: India’s digital identity, identification system and ID.
  • [July 16] Binoy Kampark, International Policy Digest, The UN’s free speech problem.
  • [July 16] K Satish Kumar, DNA India, Need more clarity on data bill.
  • [July 16] Abhishek Banerjee, Swarajya, Richa Bharti: The Free Speech Hero India Needs.
  • [July 17] Ananth Krishnan, The Print, Three reasons why it’s not Huawei or the highway for India’s 5G future.
  • [July 17] Rajesh Vellakat, Financial Express, Personal Data Protection Bill: Will it disrupt our data ecosystem?
  • [July 17] Nouriel Roubini, Live Mint Opinion, Seychelles-based BitMEX and the great crypto heist.
  • [July 17] Tim O’Reilly, Quartz, Antitrust regulators are using the wrong tools to break up Big Tech.
  • [July 18] Tiana Zhang, Jodi Wu, Yue Qiu and Richard Sharpe, Mondaq, Newly released draft measures on data security management strengthen China’s data protection framework.
  • [July 18] Gwyn D’Mello, India Times, If you worry about FaceApp and not your Facebook and Aadhaar, you have bigger problems.
  • [July 18] Sue Halpern, The New Yorker, How Cyber Weaqpons are changing the landscape of modern warfare.
  • [July 19] TV Mohandas Pai and Umakant Soni, Financial Express, An AI innovation engine for New India.
  • [July 20] Amit Cowshish, The Tribune, Indo-US defence trade not free from encumbrances.
  • [July 20] Umberto Sulpasso, Eurasia Review, Domestic Knowledge Product: Enhancing Wealth, Welfare and National Security—Analysis.
  • [July 20] Tiffancy C Li, The Atlantic, FaceApp makes today’s privacy laws look antiquated.
  • [July 20] Tom Robinson, Venture Beat, Crypto can prevent money laundering better than traditional finance.
  • [July 21] Vimal Kumar Kashyap, The Pioneer, 5G to usher in fourth industrial revolution.
  • [July 21] Michael Ashley, Forbes, It’s time to fight back for data sovereignty.
  • [July 22] Vidushi Marda, The Hindu, Facial recognition is an invasive and inefficient tool.

The Supreme Court’s Free Speech To-Do List

Written by the Civil Liberties team at CCG

The Supreme Court of India is often tasked with adjudicating disputes that shape the course of free speech in India. Here’s a roundup up of some key cases currently before the Supreme Court.

Kamlesh Vaswani vs. Union of India

A PIL petition was filed in 2013 seeking a ban on pornography in India. The petition also prayed for a direction to the Union Government to “treat watching of porn videos and sharing as non-bailable and cognizable offence.”

During the course of the proceedings, the Department of Telecommunications ordered ISPs to block over 800 websites allegedly hosting pornographic content. This was despite the freedom of expression and privacy related concerns raised before the Supreme Court. The Government argued that the list of websites had been submitted to the DoT by the petitioners, who blocked the websites without any verification. The ban was revoked after much criticism.

The case, currently pending before the Supreme Court, also presented implications for the intermediary liability regime in India. Internet Service Providers may claim safe harbor from liability for content they host, as long as they satisfy certain due diligence requirements under Sec. 79 of the IT Act, read with the Information Technology (Intermediaries Guidelines) Rules, 2011. After the Supreme Court read down these provisions in Shreya Singhal v. Union of India, the primary obligation is to comply with Court orders seeking takedown of content. The petition before the Supreme Court seeks to impose an additional obligation on ISPs to identify and block all pornographic content, or risk being held liable. Our work on this case can be found here.

Sabu Mathew George vs. Union of India

This is a 2008 case, where a writ petition was filed to ban ‘advertisements’ relating to pre-natal sex determination from search engines in India. Several orders have been passed, and the state has now created a nodal agency that would provide search engines with details of websites to block. The ‘doctrine of auto-block’ is an important consideration in this case -in one of the orders the Court listed roughly 40 search terms and stated that respondents should ensure that any attempt at looking up these terms would be ‘auto-blocked’, which raises concerns about intermediary liability and free speech.

Currently, a note has been filed by the petitioners advocate, which states that search engines have the capacity to takedown such content, and even upon intimation, only end up taking down certain links and not others. Our work on this case can be found on the following links – 1, 2, 3.

Prajwala vs. Union of India

This is a 2015 case, where an NGO (named Prajwala) sent the Supreme Court a letter raising concerns about videos of sexual violence being distributed on the internet. The letter sought to bring attention to the existence of such videos, as well as their rampant circulation on online platforms.

Based on the contents of the letter, a suo moto petition was registered. Google, Facebook, WhatsApp, Yahoo and Microsoft were also impleaded as parties. A committee was constituted to “assist and advise this Court on the feasibility of ensuring that videos depicting rape, gang rape and child pornography are not available for circulation” . The relevant order, which discusses the committee’s recommendations can be found here. One of the stated objectives of the committee was to examine technological solutions to the problem – for instance, auto-blocking. This raises issues related to intermediary liability and free speech.

 

Call for Applications – Civil Liberties

Update: Deadline to apply extended to January 15, 2018! 

The Centre for Communication Governance at the National Law University Delhi (CCG) invites applications for research positions in its Civil Liberties team on a full time basis.

About the Centre

The Centre for Communication Governance is the only academic research centre dedicated to working on the information law and policy in India and in a short span of four years has become a leading centre on information policy in Asia. It seeks to embed human rights and good governance within communication policy and protect digital rights in India through rigorous academic research and capacity building.

The Centre routinely works with a range of international academic institutions and policy organizations. These include the Berkman Klein Center at Harvard University, the Programme in Comparative Media Law and Policy at the University of Oxford, the Center for Internet and Society at Stanford Law School, Hans Bredow Institute at the University of Hamburg and the Global Network of Interdisciplinary Internet & Society Research Centers. We engage regularly with government institutions and ministries such as the Law Commission of India, Ministry of Electronics & IT, Ministry of External Affairs, the Ministry of Law & Justice and the International Telecommunications Union. We work actively to provide the executive and judiciary with useful research in the course of their decision making on issues relating to civil liberties and technology.

CCG has also constituted two advisory boards, a faculty board within the University and one consisting of academic members of our international networks. These boards will oversee the functioning of the Centre and provide high level inputs on the work undertaken by CCG from time to time.

About Our Work

The work at CCG is designed to build competence and raise the quality of discourse in research and policy around issues concerning civil liberties and the Internet, cybersecurity and global Internet governance. The research and policy output is intended to catalyze effective, research-led policy making and informed public debate around issues in technology and Internet governance.

The work of our civil liberties team covers the following broad areas:

  1. Freedom of Speech & Expression: Research in this area focuses on human rights and civil liberties in the context of the Internet and emerging communication technology in India. Research on this track squarely addresses the research gaps around the architecture of the Internet and its impact on free expression.
  2. Access, Markets and Public Interest: The research under this area will consider questions of access, including how the human right to free speech could help to guarantee access to the Internet. It would identify areas where competition law would need to intervene to ensure free, fair and human rights-compatible access to the Internet, and opportunities to communicate using online services. Work in this area will consider how existing competition and consumer protection law could be applied to ensure that freedom of expression in new media, and particularly the internet, is protected given market realities on the supply side. We will under this track put out material regarding the net neutrality concerns that are closely associated to the competition, innovation, media diversity and protection of human rights especially rights to free expression and the right to receive information and particularly to substantive equality across media. It will also engage with existing theories of media pluralism in this context.
  3. Privacy, Surveillance & Big Data: Research in this area focuses on surveillance as well as data protection practices, laws and policies. The work may be directed either at the normative questions that arise in the context of surveillance or data protection, or at empirical work, including data gathering and analysis, with a view to enabling policy and law makers to better understand the pragmatic concerns in developing realistic and effective privacy frameworks. This work area extends to the right to be forgotten and data localization.

Role

CCG is a young and continuously evolving organization and the members of the centre are expected to be active participants in building a collaborative, merit led institution and a lasting community of highly motivated young researchers.

Selected applicants will ordinarily be expected to design and produce units of publishable research with Director(s)/ senior staff members. They will also be recommending and assisting with designing and executing policy positions and external actions on a broad range of information policy issues.

Equally, they will also be expected to participate in other work, including writing opinion pieces, blog posts, press releases, memoranda, and help with outreach. The selected applicants will also represent CCG in the media and at other events, roundtables, and conferences and before relevant governmental, and other bodies. In addition, they will have organizational responsibilities such as providing inputs for grant applications, networking and designing and executing Centre events.

Qualifications

The Centre welcomes applications from candidates with advanced degrees in law, public policy and international relations.

  • All candidates must preferably be able to provide evidence of an interest in human rights / technology law and / or policy / Internet governance/ national security law as well. In addition, they must have a demonstrable capacity for high-quality, independent work.
  • In addition to written work, a project/ programme manager within CCG will be expected to play a significant leadership role. This ranges from proactive agenda-setting to administrative and team-building responsibilities.
  • Successful candidates for the project / programme manager position should show great initiative in managing both their own and their team’s workloads. They will also be expected to lead and motivate their team through high stress periods and in responding to pressing policy questions.

However, the length of your resume is less important than the other qualities we are looking for. As a young, rapidly-expanding organization, CCG anticipates that all members of the Centre will have to manage large burdens of substantive as well as administrative work in addition to research. We are looking for highly motivated candidates with a deep commitment to building information policy that supports and enables human rights and democracy.

At CCG, we aim very high and we demand a lot of each other in the workplace. We take great pride in high-quality outputs and value individuality and perfectionism. We like to maintain the highest ethical standards in our work and workplace, and love people who manage all of this while being as kind and generous as possible to colleagues, collaborators and everyone else within our networks. A sense of humour will be most welcome. Even if you do not necessarily fit requirements mentioned in the two bulleted points but bring to us the other qualities we look for, we will love to hear from you.

[The Centre reserves the right to not fill the position(s) if it does not find suitable candidates among the applicants.]

Positions

Based on experience and qualifications, successful applicants will be placed in the following positions. Please note that our interview panel has the discretion to determine which profile would be most suitable for each applicant.

  • Programme Officer (2-4 years’ work experience)
  • Project Manager (4-6 years’ work experience)
  • Programme Manager (6-8 years’ work experience)

A Master’s degree from a highly regarded programme might count towards work experience.

CCG staff work at the Centre’s offices at National Law University Delhi’s campus. The positions on offer are for duration of one year and we expect a commitment for two years.

Remuneration

The salaries will be competitive, and will usually range from ₹50,000 to ₹1,20,000 per month, depending on multiple factors including relevant experience, the position and the larger research project under which the candidate can be accommodated.

Where candidates demonstrate exceptional competence in the opinion of the interview panel, there is a possibility for greater remuneration.

Procedure for Application

Interested applicants are required to send the following information and materials by December 30, 2017 to ccgcareers@nludelhi.ac.in.

  1. Curriculum Vitae (maximum 2 double spaced pages)
  2. Expression of Interest in joining CCG (maximum 500 words).
  3. Contact details for two referees (at least one academic). Referees must be informed that they might be contacted for an oral reference or a brief written reference.
  4. One academic writing sample of between 1000 and 1200 words (essay or extract, published or unpublished).

Shortlisted applicants may be called for an interview.

 

An update on Sabu Mathew George vs. Union of India

Today, the Supreme Court heard the ongoing matter of Sabu Mathew George vs. Union of India. In 2008, a petition was filed to ban advertisements endorsing sex-selective abortions from search engine results. Advertisements endorsing sex selective abortions are illegal under Section 22 of the PNDT Act (The Pre-conception and Pre-natal Diagnostic Techniques Act), 1994 Act. Several orders have been passed over the last few years, the last of which was passed on April 13th, 2017. Following from these orders, the Court had directed the Centre to set up a nodal agency where complaints against sex selective ads could be lodged. The Court had also ordered the search engines involved to set up an in-house expert committee in this regard. The order dated April 13th stated that compliance with the mechanism in place would be checked hereinafter. Our blog posts covering these arguments and other issues relevant to search neutrality can be found here and here.

Today, the petitioners counsel stated that the nodal agency in question should be able to take suo moto cognisance of complaints, and not just restrict its functioning to the method prescribed previously. Currently, individuals can file complaints with the nodal agency, which will then be forwarded to the search engine in question. The relevant part from the order (16/11/16) is as follows:

“…we direct that the Union of India shall constitute a “Nodal Agency” and give due advertisement in television, newspapers and radio by stating that it has been created in pursuance of the order of this Court and anyone who comes across anything that has the nature of an advertisement or any impact in identifying a boy or a girl in any method, manner or mode by any search engine shall be brought to its notice. Once it is brought to the notice of the Nodal Agency, it shall intimate the concerned search engine or the corridor provider immediately and after receipt of the same, the search engines are obliged to delete it within thirty-six hours and intimate the Nodal Agency. Needless to say, this is an interim arrangement pending the discussion which we have noted herein-before…”

On the respondent’s side, the counsel stated that over the last few months, Microsoft had only received one complaint and Yahoo had not received any complaints, arguing that the nodal agency  would not have to take on a higher level of regulation. Further on the issue of suo moto cognisance, they stated that it would be untenable to expect a government agency to ‘tap’ into search results. As per the counsel, the last order had only contemplated checking with the compliance of the nodal agency system, and with constituting an expert committee, all of which had been established.

The petitioners stated that they would need more time and would suggest other measures for effective regulation.

The next hearing will take place on the 24th of November, 2017.

Understanding the ‘NetzDG’: Privatised censorship under Germany’s new hate speech law

By William James Hargreaves

The Network Enforcement Act

The Network Enforcement Act (NetzDG), a law passed on the 30th of June by the German Government operates to fine social media companies up to 50 million Euros – approximately 360 crore rupees – if they persistently fail to remove hate speech from their platform within 24 hours of the content being posted. Companies will have up to one week where the illegality of the content is debatable.

NetzDG is intended to hold social media companies financially liable for the opinions posited using their platform. The Act will effectively subject social media platforms to the stricter content standards demanded of traditional media broadcasters.

Why was the act introduced?

Germany is one the world’s strictest regulators of hate speech. The State’s Criminal Code covers issues of defamation, public threats of violence and incitement to illegal conduct, and provides for incarceration for Holocaust denial or inciting hatred against minorities. Germany is a country sensitive to the persuasive power of oratory in radicalizing opinion. The parameters of these sensitivities are being tested as the influx of more than one million asylum seekers and migrants has catalyzed a notably belligerent public discourse.

In response to the changing discourse, Facebook and a number of other social media platforms consented in December 2015 to the terms of a code of conduct drafted by the Merkel Government. The code of conduct was intended to ensure that platforms adhered to Germany’s domestic law when regulating user content. However, a study monitoring Facebook’s compliance found the company deleted or blocked only 39 percent of reported content, a rate that put Facebook in breach of the agreement.

NetzDG turns the voluntary agreement into a binding legal obligation, making Facebook liable for any future failure to adhere to it’s terms.

In a statement made following the law’s enactment, German Justice Minister Heiko Maas declared ‘With this law, we put an end to the verbal law of the jungle on the Internet and protect the freedom of expression for all… This is not a limitation, but a prerequisite for freedom of expression’. The premise of the position of Minister Maas, and the starting point for the principles that validate the illegality of hate speech, is that verbal radicalization is often time the precursor to physical violence.

As the world’s predominant social media platform, Facebook has curated unprecedented, and in some respects, unconditioned access to people and their opinions. With consideration for the extent of Facebook’s access, this post will focus on the possible effects of the NetzDG on Facebook and it’s users.

Facebook’s predicament

  • Regulatory methods

How Facebook intends to observe the NetzDG is unclear. The social media platform, whose users now constitute one-quarter of the world’s population, has previously been unwilling to disclose the details of their internal censorship processes. However given the potential financial exposure, and the sustained increase in user content, Facebook must, to some extent, increase their capacity to evaluate and regulate reported content. In response, Facebook announced in May that it would nearly double the number of employees tasked with removing content that violated their guidelines. Whether this increase in capacity will be sufficient will be determined in time.

However, and regardless of the move’s effectiveness, Facebook’s near doubling of capacity implies that human interpretation is the final authority, and that implication raises a number of questions: To what extent can manual censorship keep up with the consistent increase in content? Can the same processes maintain efficacy in a climate where hate speech is increasingly prevalent in public discourse? If automated censorship is necessary, who decides the algorithm’s parameters and how sensitive might those parameters be to the nuances of expression and interpretation? In passing the NetzDG, the German Government has relinquished the State’s authority to fully decide the answer to these questions. The jurisdiction of the State in matters of communication regulation has, to a certain extent, been privatised.

  • Censorship standards

Recently, an investigative journalism platform called ProPublica claimed possession of documents purported to be internal censorship guidelines used at Facebook. The unverified guidelines instructed employees to remove the phrase ‘migrants are filth’ but permit ‘migrants are filthy’. Whether the documents are legitimate is to some extent irrelevant: the documents provide a useful example of the specificity required where the aim is to guide one person’s interpretation of language toward a specific end – in this instance toward a correct judgment of legality or illegality.

Regardless of the degree of specificity, it is impossible for any formulation of guidelines to cover every possible manifestation of hate speech. Thereby interpreting reported content will necessarily require some degree of discretion. This necessity begs the question: to what extent will affording private entities discretionary powers of censorship impede freedoms of communication? Particularly where the discretion afforded is conditioned by financial risk and a determination is required within a 24-hour period.

  • Facebook’s position

Statements made by Facebook prior to the legislation’s enactment expressed concern for the effect the Act will have on the already complex issue of content moderation. ‘The draft law provides an incentive to delete content that is not clearly illegal when social networks face such a disproportionate threat of fine’ a statement noted. ‘(The Act) would have the effect of transferring responsibility for complex legal decisions from public authorities to private companies’. Facebook’s reservation is telling: the company’s reluctance to adopt the role of moderator to the extent required alludes to the potential consequences of the liability imposed by the Act. 

The problem with imposing this form of liability

 Any decision made by a social media platform to censor user content will be supported by the anti-discrimination principles prescribed by the NetzDG. However, where the motivation behind discretionary decision-making shifts away from social utility towards financial management the guiding considerations become efficiency and risk minimisation. Efficiency and risk minimisation in this instance requires Facebook to either (i) increase capacity, which in turn results in an increased financial burden, or (ii) adopt guidelines that minimise exposure.

Seemingly the approach adopted by Facebook is to increase capacity. However, Facebook’s concerns that the Act creates financial incentives to adopt guidelines that minimise exposure are significant. Such concerns demonstrate an understanding that requiring profit motivated companies to do the work of the State within a 24-hour time frame will necessarily require a different set of parameters than those imposed on the regulation of oral hate speech. If Facebook, in drafting and applying those parameters, decides to err on the side of caution and, in some instances, censor otherwise legal content, that decision will have directly infringed the freedom of communication enjoyed by German citizens.

A democracy must be able to accommodate contrasting opinions if it purports to respect rights of communication and expression. Conversely, limitations on rights enjoyed may be justified if they benefit the majority. The NetzDG is Germany’s recognition that the nature of online communication – the speed at which ideas promulgate and proliferate, and the disconnect between comment and consequence created by online anonymity – require the existing limitations on the freedom of communication be adapted. Whether instances of infringement, are warranted in the current climate is a difficult and complicated extension of the debate between the utility of regulating hate speech and the corresponding consequences for the freedoms of communication and expression. The decision to pass the NetzDG suggests the German Government considers the risk of infringement is acceptable when measured against the consequences of unfettered hate speech.

Public recognition that NetzDG poses a risk is important. It is best practice that within a democracy, any new limit to liberty, oral or otherwise, be questioned and a justification given. Here the justification seems well-founded. However the answers to the questions posed by sceptics may prove telling as Germany positions itself at the forefront of the debate over online censorship.

(William is a student at the University of Melbourne and is currently interning at CCG)