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Defending Digital Freedom in India since 2010. We promote Open Knowledge, Free Speech, Online Privacy, Innovation & Equality - @IFEX Member - Join our force🖖
vijayvithal Profile picture Pradipto Moitra(#NonVeg #Bhakt ,Gobhi ji Ka Nahin) Profile picture 2 added to My Authors
14 Jul
6 districts in Haryana have imposed a ban on social media news platforms using provisions - Section 188 of the IPC, Disaster Management Act 2005 and Epidemic Disease Act, 1957.
@IndianExpress
indianexpress.com/article/india/…
#FreedomOfSpeech #WebsiteBan #Haryana
The reason for the said ban is stated to be “dissemination of unverified and misleading news from such platforms may disturb tranquillity in the society and may adversely affect the mental health of common man during the COVID-19 pandemic".
#Covid_19 #pandemic #FakeNews
These six districts include #Sonipat, #Kaithal, #CharkhiDadri, #Karnal, #Narnaul and #Bhiwani.
The News platforms upon which the Ban has been imposed are based on WhatsApp, Twitter, Facebook, Telegram, YouTube, Instagram, Public App and LinkedIn.
cdn.s3waas.gov.in/s3d296c101daa8…
#Covid_19
Read 7 tweets
27 Feb
Justice B.N. #Srikrishna believes that the #law has to declare an #objective. Whatever procedure is declared are non-arbitrary. It leads us to a state where you or the state can look at everything we do and have access to everything we have.
#sflcin #data #pdpb
Justice B.N. #Srikrishna on whether the Government has neglected the work of the #SrikrishnaCommittee, "It is too complicated to answer; the right thing was to get a special committee to debate on the Bill, and thankfully the #JPC was made."
#sflcin #data #pdp
Ms @ramavshree on the #PersonalDataProtectionBill2019 says that the current format of the bill doesn't give comfort and ease to businesses and the users.
#Srikrishna @saikatd @ashutoshchadha @Shshk
#sflcin #data #pdpb
Read 12 tweets
10 Jan
The bench led by Justice Ramana to pronounce the judgment of the Supreme Court in the Kashmir media shutdown matter shortly.

#Kashmir #LetTheNetWork #KeepItOn #InternetShutdowns @NetShutdowns
@NetShutdowns Courtroom 2 is full house, with an excited crowd and lawyers discussing the matter. The Kashmir shutdown is the longest running media shutdown.

#Kashmir #LetTheNetWork #KeepItOn #InternetShutdown
Read 11 tweets
18 Jan 19
We are going to begin our second session!
We'll discuss policies and solutions to counter misinformation in this session.
We shall also discuss whether more regulation is the way forward.
@KarnikaKohli @ghanshyamtiwari @berges @skjain2091 @Shehla_Rashid @Shshk
.@Shehla_Rashid people believe in fake news because of their inherent confirmation bias. Fake news is enmeshed in propaganda.
#fakeisnotreal
.@ghanshyamtiwari the responsibility lies on us to see whether the communication in our community is toxic or not.
Breaking false negative stereotypes is upto us.
Read 22 tweets
16 Jan 19
Catch us in Delhi this Friday (Jan 18) to discuss the impact of misinformation in the digital age and ways to counter the same.
Venue: India International Centre (Lecture Hall no.1)
Time: 12.30pm-5.30pm.
Read 17 tweets
16 Jan 19
We are tweeting the proceedings from the Mumbai #event ‘Countering Misinformation: Policies and Solution’
“Election commission has failed to keep a track on paid news media.” -@geetaseshu #FakeNews #misinformation
“Intent behind any incident is very important. Penalty for a murder and man slaughter is very different.” - Vikram Krishna #fakenews #misinformation
Read 8 tweets
8 Jan 19
Telecom Regulatory Authority of India (#TRAI) had issued a consultation paper for creating a regulatory framework for over-the-top communication services. Our comments are available here:
sflc.in/our-comments-t…
#NetNeutrality
In our responses we've described why we believe that TRAI is not the right body to regulate OTT services, and the framework that is already in place to regulate services on the Internet.
We have discussed the fact that telecom services operate on a limited natural resource and face limited competition.
Read 5 tweets
8 Jan 19
A draft amendment of the Intermediary Guidelines Rules has been issued by the Ministry of Electronics and Information Technology, ostensibly for dealing with the #FakeNews and #misinformation. We have published a FAQ on the draft amendment.
sflc.in/faq-draft-amen…
The draft Rules remove the safe harbour granted to intermediaries such as WhatsApp, Google, Facebook and your telecom service provider if they do not comply with these Rules.
In order to stay safe themselves, they would have to tell you every month that you are not allowed to post, upload or send content that violates these Rules.
Read 5 tweets
8 Jan 19
The #DNABill has just been passed in the Lok Sabha without even having a #DataProtection law in place. The Bill allows for #DNA Data Banks to be maintain data at the national and regional levels.
DNA can be used under this Bill for Civil and Criminal matters. #DNABill
DNA reveals a lot of sensitive personal information about an individual such as genetic diseases that the individual may be prone to acquire. #DNABill
Read 4 tweets
5 Jan 19
Rule 3 (5) of the Draft Rules, 2018 talks about the traceability of originator of information on intermediary platforms, as required by government agencies. Will this include breaking of end-to-end encryption on platforms such as WhatsApp or Signal? @GoI_MeitY #SaferSocialMedia
Rule 3(9) of the Draft Rules mentions deployment of technology based automated tools for identifying and removing unlawful content. Does this mean using AI for auto-content filtering? Is this restricted to Art. 19(2) or all unlawful content? @GoI_MeitY #SaferSocialMedia
Intermediaries having more than 5 mil. users are required to have a local office in India and be incorporated under Indian laws. Will this not prove burdensome for small-medium sized intermediaries? Might discourage them to offer services in India? @GoI_MeitY #SaferSocialMedia
Read 6 tweets
2 Jan 19
Today, the Government introduced the Aadhaar and Other Laws (Amendment) Bill, 2018 in Lok Sabha, which proposes to amend the Aadhaar Act, The Telegraph Act and the Prevention of Money Laundering Act. A copy of the Bill, can be accessed here - sflc.in/aadhaar-and-ot… #Aadhaar
The Bill seeks to bring amendments to the Telegraph Act and the Prevention of Money Laundering Act to enable voluntary seeding of Aadhaar details with phone connections and bank accounts. #Aadhaar
The Supreme Court in its Aadhaar judgment had struck down that part of Sec. 57 of the Aadhaar Act which enabled private entities to use authentication services calling it unconstitutional. The court held that this enabled commercial exploitation of biometric and demographic data.
Read 11 tweets
30 Dec 18
On December 20, 2018, the Ministry of Home Affairs issued a statutory order authorizing 10 agencies to intercept, monitor and decrypt communications of citizens. The order may be read, here - bit.ly/2rYlx0z #Surveillance
The agencies authorized by MHA include - Intelligence Bureau, National Investigating Agency and Commissioner of Police, Delhi. The order was issued under existing powers given to the MHA as per Section 69 of the IT Act, 2000 and corresponding rules. #Surveillance
Section 69 empowers the govt. to issue directions for surveillance of communications. The corresponding rules empower the MHA to notify other govt. agencies which can perform such surveillance. Thus, these agencies have been notified under existing rules under the IT Act.
Read 20 tweets
29 Nov 18
How to game elections using social media - @MishiChoudhary and #EbenMoglen write in today's @timesofindia timesofindia.indiatimes.com/blogs/toi-edit…
From the piece: Facebook should be required to prevent people from being added to WhatsApp groups without their explicit consent.
From the piece: Facebook, Twitter and other such platforms should not be allowed to take their own sweet time and offer assurances that AI and machine learning will solve all our problems
Read 13 tweets
27 Nov 18
To the #G20Summit in Argentina this week: live up to your responsibilities; put people and their rights first! #G20openletter for a positive, forward-looking digital agenda.

#access #privacy #freedomofspeech #cybersecurity #competition — read more at g20openletter.org
#Privacy & data protection rights: We urge the G20 to adopt, apply and enforce a comprehensive approach to privacy that protects all users’ privacy and personal data, whether citizens or not. People must be given more control and agency over their data.

#G20openletter
#Freedomofexpression: We urge the G20 to promote freedom of expression online by adopting positions and policies that are consistent with maintaining an open internet for everyone.

#G20openletter
Read 5 tweets
26 Sep 18
#AadhaarVerdict
There are three judgements. One by J. Sikri. CJI and J. Khanwilkar concur with him.
Other two judgments are by J. Chandrachud and J. Bhushan.
J. Sikri: It is better to be unique than the best. Being unique is the basis of Aadhaar. Talks about how Aadhaar is the most talked about identification system in the world.
J. Sikri reads out the summary of the arguments made by the petitioners and the respondents.
Read 43 tweets
6 Sep 18
Out of the 5 judges who heard the challenge to #Section377, four will be giving separate opinions - CJI Misra, J. Nariman, J. Chandrachud and J. Indu Malhotra. J. Khanwilkar has concurred with one of the opinions.
Since there will be 4 judgments, we advise everyone following our tweets to not come to a conclusion till all 4 judges have given their opinions. We will be live tweeting as the judgments are delivered #Section377
#Section377 CJI - Khanwilakr have concurred. CJI has started - Sans identity the name only remains a plain factor. Emphasis is laid on the identity of a person. The sustenance of identity is the pillar of life.
Read 30 tweets
27 Aug 18
India's Data Protection Bill Should Not be Rushed Through - @MishiChoudhary and Eben Moglen thewire.in/tech/with-conc…
The policy-makers must consider how their domestic law and policy will fit into that global context. The report does not address this question at all.
Govt. should not only be seeking to harmonise Indian data protection law with GDPR in order to maximise Indian firms access to the global data economy, it should be directly engaged with the European Commission in seeking mutual opportunities to define Euro-Indian global regime
Read 5 tweets
14 Aug 18
Workshop Session 1, Day 1 #APrIGF2018: Pacific ICT Plenary Challenge and Opportunities of Connectivity in Small Island states, now begins.
The first panelist is Prime Minister of Vanuatu, he starts by highlighting the challenges and experience s of Vanuatu.#APrIGF2018
Firstly, he mentioned about the Geo graphical challenges of Vanuatu. Telecom service providers often face issues due to lack of land. Then he highlighted the government's interest in collaborating with TSPs. #APrIGF2018
Read 8 tweets
13 Aug 18
Orientation session at #APrIGF2018, #VintCerf: Internet is not useful if it doesn't work. Resilience is an imp. aspect of the Internet. As the global warming continues, water rise continues there rises concerns for cable landings. #internetsociety
#VintCerf continues to discuss fragile aspects of digital content. He asks the audience if the data they store in whichever form, cloud/hard disk. Will it continue to exist at the same place after 50years? #APrIGF2018
#VintCerf cites an example of how with technological advancement his floppy disks have been rendered useless. And in this light, he urges the tech community to take care of how and where we document our content. #APrIGF2018
Read 8 tweets
8 Aug 18
The Ministry of Corporate Affairs is still asking for mandatory quoting of #Aadhaar in the DIR-3 KYC form for the purpose of updating KYC details of anyone who has been allotted a Director Identification Number(DIN) on or before March 31, 2018.
The form does not show #Aadhaar as a mandatory field but at the time of submission, it gives an error message if the field is left empty.
mca.gov.in/Ministry/pdf/C… .
Also, the FAQs related to it instructs that quoting #Aadhaar is mandatory for citizens of India.

mca.gov.in/MinistryV2/dir…
Read 4 tweets
17 Jul 18
#Section377 Day 4: Hearing in section 377 matter will commence shortly. #LGBTQ @TheDeltaApp
#Section377 Day 4: The respondents submitted a written petition to the bench. #LGBTQ @TheDeltaApp
#Section377 Respondents state that the Yogyakarta principles are not a treaty or a law and it has no value. Nariman J. followed by saying that they apply to us as per the NALSA judgment of this court. #LGBTQ
Read 53 tweets