Attention, Indian Internet! Recent reports state that the Telegraph Act is going to be updated to include #NetNeutrality considerations. While this is a welcome move, we wrote to @MoitOfficial highlighting issues to consider while drafting the bill.
1/n
internetfreedom.in/telegraph-act-…
According to @TRAI, the all-India market share for broadband services is captured by 3 ISPs- Reliance Jio, Bharti Airtel & Vodafone Idea. This threatens the implementation of net neutrality, as powerful players may be less liable to account for our concerns.
2/n
#NetNeutrality implementation has suffered in India due to tensions among the government, civil society & ISPs, who've been trying to evade responsibility & pushing for 'soft touch regulation'. This is why arbitrary website blocking & lack of transparency continues illegally.
3/n
In July 2018, the DoT amended various telecom licenses, imposing the principle non-discriminatory treatment of internet traffic as a licensing obligation on ISPs. This includes blocking, degrading, slowing down or granting preferential speeds/treatment to any content.
4/n
A @cis_india study exposed a larger pattern where ISPs are either a) not complying with blocking orders or b) arbitrarily blocking websites without legal orders. IFF’s #NetNeutrality violation tracker too has received 1459 reports since April 2020.
5/n
savetheinternet.in
@TRAI also recommended in 2017 that blocking requests be initiated in accordance with the law. But such orders aren't easily accessible, with many orders becoming publicly available only after being released by whistleblowers. This is bad for transparency & accountability.
6/n
Last year, we provided our comments, counter-comments, and a supplementary submission on TRAI’s consultation paper on #NetNeutrality. We have also written to the DoT and TRAI asking them to protect net neutrality during the COVID-19 pandemic.
7/n
internetfreedom.in/on-valentines-…
Our submissions rely on proposals of an independent multi stakeholder body, tools for monitoring and assessment, narrow deployment of the Traffic Management Practices exception, & transparency and accountability. Read about them at length in the blog post.
8/n
Through our letter, we hope to remind the ministry of the dire need to address long-standing issues & implement a robust net neutrality. You can do your part and help us by reporting #NetNeutrality violations here. 9/n
savetheinternet.in

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More from @internetfreedom

17 May
Today, at 11am, we have six appeals listed before the Chief Information Commissioner. These relate to 6 RTI applications we filed in 2018 seeking disclosure of data relating to interception, decryption and monitoring of electronic communication.
Why is this significant?

We want to know the scale of surveillance by the State on citizens. For this, we asked for statistics related to no. of orders issued under the IT Interception Rules.

We have not asked for info relating to the identity of the persons being monitored.
The CPIO, however, sought exemption under the following Sections of the IT Act:
8(1)(a) - Info affects National Security
8(1)(g) - Info endangers life of a person
8(1)(h) - Info impedes ongoing investigation

We filed an appeal against the CPIO’s refusal to provide information.
Read 4 tweets
11 May
#DataProtectionTop10
We’re discussing consent in part 3 of our series, analysing the issues in the Data Bill. From letting your employers spy on you to denying you essential services, a thread on how the safety net of consent is torn in the Bill. (1/n)
internetfreedom.in/dataprotection…
Consent is said to be valid under the Bill, if it's given freely, informed, specific, clearly expressed & is capable of being withdrawn. There are exceptions to the State, employers, etc. which debilitate user control over personal data, detrimentally affecting our rights. (2/n)
Exceptions under clause 12 essentially legitimise the collection and processing of personal data by the State for projects like Aadhar, as it can process personal data without user consent for certain purposes, like the provision of services, benefits, or certifications. (3/n)
Read 9 tweets
10 May
SOS Indore: An order issued by the Indore administration under Section 144(1) of the CrPC has prohibited COVID-related speech on social media, stifling free speech and relief work. We have filed an application seeking its withdrawal.
1/n
internetfreedom.in/indore-adminis…
The order, issued by Shri Manish Singh, Collector for the district of Indore, prohibits “comments made on Social Media platforms related to breaking of Corona transmission chain in an unrestrained manner” and threatens prosecution for non-compliance.
2/n
drive.google.com/file/d/1aQMZes…
In our opinion this rule is illegal. Its overbroadness empowers the administration to arrest anyone commenting on the state of health infrastructure in the city. This prevents individuals from reporting lacunas in the efforts to battle Covid-19 and may cost lives.
3/n
Read 6 tweets
10 May
In February, Twitter disabled 200+ accounts in the backdrop of the farmer’s protests. @GoI_MeitY has now confirmed to us that this action was authorised by law, and has denied recalling or disclosing the blocking orders. We've written back. A thread.
1/n
internetfreedom.in/meity-response…
On February 1, Twitter accounts of news organisations, activists, and farmers groups were reportedly blocked in response to a legal request from @GoI_MeitY. Here's a timeline outlining account restoration, MeitY's subsequent notice to Twitter, and Twitter's clarification:
2/n
We wrote to @GoI_MeitY on February 8 noting that the lack of a clear process of a prior notice and hearing, the secrecy around the orders, and the breach of the SC's directions made this an unconstitutional and disproportionate exercise of censorship.
3/n
internetfreedom.in/government-cen…
Read 9 tweets
3 May
In a significant order, the Supreme Court has passed a range of directions to ensure fundamental rights are not violated as the country continues the battle against Covid-19. We discuss two of those directions in this thread -
1/n
livelaw.in/pdf_upload/in-…
First, SC has reprimanded the government for targeting individuals seeking help on the internet and directed it to not do so (Para 69(iii)). The bench noted that sharing such information not just helps individuals, but also prevents the pandemic from worsening (Para 63).
2/n
In a statement, we had previously condemned censorship of social media posts which sought for help and demanded governmental accountability. We welcome the decision of the SC which protects freedom of speech and expression.
3/n
Read 8 tweets
3 May
Psst, #Chennai: The chatter over at #ProjectPanoptic is that a Facial Recognition system including 174 cameras and number plate recognition is being set up in your city. We filed an RTI with the Chennai Metro Development Authority. Read the reply here.
panoptic.in/tamil-nadu/FRT…
“18 cameras have facial recognition features. They will have pictures of anti-social elements collected from the State and national crime records bureaus. Besides, four cameras with ANPR features will be installed at the entry and exit.”
thehindu.com/news/cities/ch…
The reply by CMDA states that there is no legislation or rule, and the technology will be adopted as per need and necessity. Software providers will be "Cognitec/Cogent/Videonetics" with a lifetime license. Images will be sourced from police dept, Greater Chennai Corp.
Read 4 tweets

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