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In Part 2 of our explainer series on key themes of IFF’s Working Paper on COVID-19, tech and informational privacy, we breakdown the paper’s analysis of @Apple and @Google ’s announced partnership on contact tracing. 1/12

internetfreedom.in/part-2-of-work…
Unlike the @SetuAarogya app this project will establish contact between two phones/devices using Bluetooth only (no GPS). It only intends to work with only public health authorities and not law enforcement authorities which is consistent with other govt positions. 2/12
The partnership a soft declaration that the systems will be disabled after the COVID-19 pandemic is over although concerns of a permanent system of data analysis owned, operated and managed by private sector actors subsist.

3/12
From a transparency standpoint, unlike the Indian Government the partnership has published specifications for the projects Bluetooth, cryptography and API framework.

4/12

apple.com/covid19/contac…
The project, to be deployed in 2 phases (Phase 1 starts in May), gives more control to people over their data than @SetuAarogya , where data will only be shared with health authorities, based on the user’s own decision to share data with consent, after a +ve medical test. 5/12
However, our working paper articulates the following areas where there are potential risks and therefore need for expedited dialogue on aspects such as:

✅ Risk of permanent systems of private sector surveillance (see surveillance capitalism risk)

6/12
✅ How can these private actors hold governments accountable and ensure data collected is not shared outside health departments?
✅ Issue with competition, conflicts of interest and concentration of data within big tech

7/12
✅Whether purely corporate structures should allowed to administer, maintain and operate crucial public digital infrastructure like contact tracing systems

8/12
For comparison please read here our first explainer of the working paper which was on India’s @SetuAarogya app

9/12

internetfreedom.in/is-aarogya-set…
Additionally please see here the current iteration of IFF’s Working Paper. A google docs version is also available at internetfreedom.in Please feel free to provide us feedback as per instructions which have been provided.

10/12

drive.google.com/file/d/1UK5rEl…
Please also feel free to add to the conversation on this and any technology policy and regulatory conversations at our Internet Freedom Forum.
forum.internetfreedom.in

11/12
Given the exigencies of the crisis, we would really appreciate the support. Help us fight the good fight against risks of permanent surveillance by donating to IFF

12/12

internetfreedom.in/donate/
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Internet Freedom Foundation (IFF)
@internetfreedom
Click here to read a short explainer of the working paper’s analysis of @SetuAarogya and the privacy risks therein.
1/9
internetfreedom.in/is-aarogya-set…
Contact tracing was studied in Chapters 5-7 of the paper. We studied country practices, initiatives by technologists and a study of what’s happening in India. We did a case study of Aarogya Setu against systems like Singapore’s TraceTogether and MIT’s Private Kit:Safe Paths
2/9
Privacy respecting principles for contact tracing include:
✅Use of applications should be voluntary and should remain in control of user
✅All data should be stored locally
✅Data must be encrypted
3/9
Read 10 tweets
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Internet Freedom Foundation (IFF)
@internetfreedom
Initial statement on the Delhi Govt's. public statement on joint action with L-G to utilise the Police for contact tracing.

1. Contact tracing ordered is through cellphone location data of about 11,000+ people.

2. These people have been ordered to be placed under quarantine.
Concerns on the utilisation of cellphone location data :

1. We are concerned as till now the legal basis for this decision has not been made public. A rule of law framework requires restrictions on any fundamental right to be premised on legality even in extra-ordinary times.
2. Even if a legal order exists, it will still be required to comply with the conditions articulated under the Puttaswamy Judgement. These include reasoned statements on necessity (were alternatives examined?) & proportionality (what exactly is the extend of the survelliance).
Read 6 tweets
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Internet Freedom Foundation (IFF)
@internetfreedom
Our staffers @Devdutta96 and @DebSidharth have published Part 3 of a special series on @LiveLawIndia commemorating five years since the Supreme Court’s landmark decision in Shreya Singhal v Union of India.
1/12
In Part 3, we evaluate the relevance of the Judgement in the context of intermediary liability and self-censorship. We highlight the risks of chilling effect and the manner in which the Court reads down India’s safe harbour liability exemption regime for intermediaries.
2/12
We benchmark the Supreme Court’s decision against best practices like the Manilla Principles. Citing @FLarue_libex and @davidakaye we hold that the Supreme Court may have done well to strike down the ability of the Government to issue takedown orders
3/12

manilaprinciples.org
Read 12 tweets

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