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25 Mar, 9 tweets, 2 min read
Thread: You may have seen the bizarre headline stating that UP Police may track porn searches on the internet. We're clarifying what it's really about - because there's something more serious going on.

Why won't UP Police take down child porn?
1/n
 internetfreedom.in/why-is-the-up-…
When we first saw this news, we became worried about violations of the right to privacy and free speech. (Remember, viewing sexually explicit material in private is not illegal in India). We filed an RTI with the PCO, Lucknow on Feb 16. UP Police responded publicly.
2/n
What we found: Under UP Police's 'Hamari Suraksha' program, people who visit websites which contain child sexual abuse material (CSAM) will be shown pop-up messages to sensitise them against viewing it. This will be done through AI and psychographics.

Here's the problem.
3/n
1. The programme lacks an underlying legal framework or SOP which will actually regulate how it functions and provide safeguards. This can lead to:
a. Misuse, or
b. Function creep, where the function of a deployed technology starts being widened beyond its original scope.
4/n
2. There is ambiguity w.r.t. how privacy will be ensured. Will data like IP addresses be collected and stored? If yes, how will it be ensured that this data is protected?

If all porn is targeted then this is a violation of the rights to free speech and privacy.
5/n
3. UP Police claims to have identified websites which host child sexual abuse material. Why not take them down? Under IT Act sharing online CSAM is a punishable offence. POSCO states CSAM has to be reported to Special Juvenile Police Unit, local police, or cyber-crime portal.
6/n
This requires criminal investigation and prosecution. Pop-ups reduce proportional law enforcement response required to ensure safety of children. This violates SC's orders in Re: Prajwala 2015 (videos depicting child porn should not be made available to the general public).
7/n
4. Lastly, it is unlikely that this will have positive outcomes. People may not refrain from viewing CSAM which will still be available to them. If the aim is to instill fear that they could be identified/prosecuted, it will motivate them to find new ways like using VPNs.
8/n
We've written to UP Police asking for a legal review of Hamari Suraksha. A public SOP must be published to regulate the programme. Takedown of CSAM must be initiated, and a privacy impact assessment must be conducted. Read the representation: drive.google.com/file/d/1ue3MYZ…
9/n

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More from @internetfreedom

Internet Freedom Foundation (IFF) Profile picture
23 Mar
New: We've written to the MeitY, making a case for the withdrawal of the new IT Rules. The reason is simple: the bad outweighs the good. The Rules fail to comply with basic principles for regulation to respect human rights set by international bodies.
1/n
 internetfreedom.in/withdraw-the-i…
We absolutely note objectively positive provisions, like explanations for removing online content, notices provided to users before suspending accounts, social media firms having to furnish compliance reports thereby making them more accountable to the public, and more.
2/n
But rights to expression and privacy are threatened by several provisions that lead to over-compliance of social media companies with law enforcement, tracking mechanisms that threaten encryption, automated tools for censorship which require massive data collection, and more.
3/n
Read 5 tweets
Internet Freedom Foundation (IFF) Profile picture
3 Mar
1. DNA tech is not infallible. This is compounded by a lack of capacity in india.
2. DNA profiling may fail privacy standards in the landmark Puttaswamy privacy judgement.
3. The absence of a robust data protection law allows misuse of DNA data by state or private actors.
3/n
4. As said before, excessive discretionary powers granted to the government have not been acknowledged.
5. Improper use of DNA tech will lead to discriminatory DNA profiling of citizens as has been admitted by the Committee itself.

We hence ask that the Bill be redrafted.
4/n
The Bill must be reviewed to ensure it is consistent with Puttaswamy judgement standards and harmonised with the Personal Data Protection Bill. Both tasks must be carried by the Data Protection Authority. Remedies to those whose data is used unlawfully must be specified.
5/n
Read 4 tweets
Internet Freedom Foundation (IFF) Profile picture
3 Mar
As a follow up to our analysis and outreach on the Report of the Standing Committee on the DNA Bill, we have written to the Department of Biotechnology highlighting our concerns regarding privacy and surveillance, and asked that the Bill be redrafted.
1/n
 internetfreedom.in/say-no-to-dna-…
The sensitive nature of DNA data necessitates extreme caution w.r.t. large scale data processing. Given reliability, privacy, data protection, surveillance, profiling, capacity building, and overreach concerns, we advocate for a complete redraft of the DNA Bill, 2019.
2/n
1. DNA tech is not infallible. This is compounded by a lack of capacity in india.
2. DNA profiling may fail privacy standards in the landmark Puttaswamy privacy judgement.
3. The absence of a robust data protection law allows misuse of DNA data by state or private actors.
3/n
Read 6 tweets
Internet Freedom Foundation (IFF) Profile picture
2 Mar
Thread: One of the ways we demand transparency and accountability from government authorities is through RTIs. Every month, we update you on our filings. Here are our RTIs for Feb '21: From vaccine data to porn search tracking to OTT regulations!
1/n
 internetfreedom.in/digital-transp…
On matters of data protection and privacy, we filed RTIs with MeitY, PM's office, BSNL, PCO Lucknow, ICMR, and more to seek info on CoWin, blockchain, vehicular data sharing, data breaches, etc. We reached out to 9 public authorities for info on facial recognition projects.
2/n
On free speech and censorship, we filed 13 RTIs: to MHA on internet shutdowns, MeitY and MI&B on twitter account takedowns, OTT regulations, and Tandav, MeitY, BSNL, and MTNL on website blocking.

Here's an overview - detailed information is on the blog linked above.
3/n
Read 4 tweets
Internet Freedom Foundation (IFF) Profile picture
1 Mar
A lot has happened in the last week re: the IT Rules, 2021! It may feel chilling, but mass awareness is the first step. This is an official thread of our resources on the Rules. Send it to anyone who wants to learn about them. This thread will evolve with updates over time.
1/n
On Feb 25, 2021 we published an analysis of the draft IT Rules, 2021. Alongside the analysis is a rundown of the contentious history of the Rules and the need for starting afresh on this vital conversation about platform accountability. Thread here.
2/n
On Feb 25, 2021, the IT Rules, 2021 came into force. On Feb 27, 2021, we shared with you our comprehensive deep-dive into the Rules - an overview of its contents, the “safeguards” it seeks to establish, and how they affect your fundamental rights. Thread:
Read 5 tweets
Internet Freedom Foundation (IFF) Profile picture
27 Feb
It's done: The IT Rules, 2021, are officially in play. We cannot stress this enough - this fundamentally changes the Indian internet. Please RT this thread on the Rules and how they bring government control over digital media like never before.
internetfreedom.in/intermediaries…
1/n
IT Rules affect social media, OTT, and news platforms. The latter 2 have been brought under the Rules for the first time. The Rules make platforms legally liable for not complying with government regulation, hence making user experience fall in line with the same.
2/n
Social media platforms with 50 lakh+ users will now be regulated as Significant Social Media Intermediaries (SSMIs) with different obligations than Social Media Intermediaries (SMIs). Government discretion in compliance can lead to discrimination which disempowers small SMIs.
3/n
Read 12 tweets

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