Hey folks. Last week, IFF submitted a response to the Ministry of Corporate Affairs’ public consultation on a draft Competition Amendment Bill which will update Indian competition laws. Read more about IFF’s submission here.
(1/10) internetfreedom.in/read-iffs-resp…
While we applaud some of the MCA’s proposed amendments our submission provides institutional recommendations to improve CCI capacity, maintain CCI independence, improve CCI coordination and ensure specialisation in appellate matters.
(2/10)
We opposed the proposal to provide an exception for IP holders in abuse of dominance cases. This may be misused as a common defence tactic and could be problematic in cases relating to essential facilities.
(3/10)
We relied on works of @Kathuria18 to arrive at the above position.
(4/10)
We address the need to improve current remedies under the competition act, in the context of technology markets. The Government must appreciate the intrinsic relationship between competition laws and people’s rights like the right to privacy.
(5/10)
We also cite how global competition authorities like the @FTC in the US look at competition as an issue which look at competition as a domain in conjunction with user rights related issues like online privacy.
(6/10)
Our research also finds that competition authorities in Germany and France already look at regulating matters in the context of personal data, competition and privacy in a holistic manner.
(7/10) bundeskartellamt.de/SharedDocs/Pub…
Unfortunately, the CCI has previously stated that privacy is an issue which resides outside its jurisdiction. We suggest the Competition Amendment be tweaked to embed privacy and human rights considerations into decision making for technology markets.
(8/10)
For more feel free to read our entire submission here. We are open to any feedback to help improve our positions on competition and tech moving forward.
(9/10)
Uncle Ben taught us well! Our objective is to hold large platforms accountable and to support individual and entrepreneur centric innovation. You too can jump on the cause and #SaveTheInternet. Help us by donating or becoming an IFF member today!
(10/10) internetfreedom.in/donate
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🚨 Massive Victory! 🚨
@CCI_India has imposed a historic penalty of ₹213.14 cr (approx. $25.25 M) on Meta for abusing its dominant position via WhatsApp's 2021 Privacy Policy. IFF submitted expert information as an informant. Let’s break it down 🧵👇1/10 internetfreedom.in/statement-cci-…
The 2021 policy update by WhatsApp, implemented on a 'take-it-or-leave-it' change, forcing users to accept expanded data collection & sharing within the Meta group—without any real opt-out option. 2/10
The CCI concluded that this constituted:
✅ Unfair conditions under Indian competition law
✅ A violation of user autonomy, given the lack of effective alternatives to WhatsApp
✅ An abuse of Meta’s dominant position, contravening Section 4(2)(a)(i) of the Competition Act. 3/10
Here’s how your beloved DigiYatra uses facial recognition technology (FRT) Content warning: ***DYSTOPIAN USES*** ⚠️⚠️ 1/10
Now that we have your attention, here are the recent ways in which Indian public authorities and police forces used (and abused) facial recognition systems, jeorpardising the human rights and data privacy of millions of Indian citizens without much accountability. 2/10 🧵
1️⃣ @tnpoliceoffl suffered a massive data leak in its FRT portal, making 8,00,000 lines of data vulnerable. This incl. personal data of policemen & FRT reports on thousands of accused persons. IFF called for a total ban on use of FRT by police forces. 3/10
🚨 On May 4, 2024, a massive breach in @tnpoliceoffl’s Facial Recognition (FRT) Portal exposed over 8,00,000 lines of data—which include 50,000 facial IDs, personal information of police officers, & details of crimes, police stations, & FIRs filed. 🚨🧵1/8
The FRT software, developed by CDAC-Kolkata and hosted on TNSDC, which was storing facial images alongside personal details of suspected, accused, & incarcerated persons, was compromised—and the list of data leaked from it is disturbingly long. ⬇️ 2/8
FRT is an extremely invasive & dangerous surveillance tool which poses direct threats to privacy, especially at the hands of law enforcement. Police forces are able to amass & process large volumes of sensitive facial data without any checks, consent, transparency, or procedural safeguards. 3/8
Been hearing some chatter around #DigiYatra? As scary questions about ownership, transparency, and data flow emerge, here is a quick rundown of everything we know about the service, and more importantly, everything we don’t. 😶🌫️🧵1/7
1️⃣Who owns DigiYatra?
In 2019, @MoCA_GoI passed on DigiYatra's operations & data ecosystem to a *private company* created for this very purpose – DigiYatra Foundation. DYF is a joint venture between 5 Indian airports (public-private, 74% stake) & @AAI_Official (public, 26%). 2/7
2️⃣ Such a public-private venture must be answerable to citizens?
Not exactly. Neither DYF nor its security audit agency @IndianCERT fall under the RTI Act. It cannot, technically, be forced to disclose any information on its data practices & security. 3/7 medianama.com/2023/03/223-ci…
Were you among the millions of @WhatsApp users who got a DM from ‘Viksit Bharat Sampark’? 🫠🫠
The account, seeking feedback on government initiatives, is now barred by the Election Commission from sending messages.
But several concerns persist… (1/10) internetfreedom.in/whatsapp-messa…
The message, accompanied by a letter from the PM, listed the various schemes and initiatives introduced by the incumbent government and was, in many cases, sent after the ECI released its Model Code of Conduct for upcoming elections. (2/10)
It stirred a storm and how…
First, we wonder how exactly did MeitY secure the contact information of such a large number of people and when/how did it begin using this information for outreach purposes? (3/10)
@GoI_MeitY has notified the @PIBFactCheck of the @MIB_India as the fact-checking unit (FCU) under the IT Amendment Rules, 2023.
The notified FCU will be empowered to flag online “false”, “fake”, or “misleading” information related to the Union govt. 1/9 🧵
The establishment of the FCU less than a month before the country heads for the #GeneralElections2024 could vastly affect the nature of free speech on the internet as it holds the potential to be (mis)used for proactive censorship, most importantly in the context of dissent. 2/9
This notification follows the March 13 decision of the Bombay HC, where the Bench refused to restrain the setting up of an FCU until the third Judge decides on the constitutionality of the 2023 Amendment.
This effectively allowed the Union govt to operationalise the FCU, despite its constitutionality being under deliberation before the High Court. 3/9