Digital Democracy
The Telecommunications Bill, 2023, passed by both houses of parliament, is another action to cement authoritarian control over the rights of ordinary citizens. Its impact will be felt directly in four clear ways. https://thewire.in/government/cleverly-drafted-telecom-bill-government-tightens-grip-digital-india
First, there is a clear power for the Union government to regulate and license OTT services such as WhatsApp, Signal, Gmail etc. Here, the unfounded hope and the underserved servility in statements that OTT regulation is excluded from the ambit of regulation of the Telecommunications Bill, 2023, is not borne out from its text. The Union government may prescribe licence conditions that may vary as per “telecommunication service” [Section 3(1)(a) and Section 3(1)(b)] and require prior registration that may be used for the government to weaken privacy and increase snooping in future. While the phrases “OTT”, “Messaging Services” or even “Email” are not expressly mentioned in the Telecommunications Bill as in the draft version, they at the same time have not been expressly excluded from the definition of “telecommunication service” which means, “any service for telecommunication” [Section 2(t)]. Further, the phrase, “telecommunication” is defined to include, “transmission… or reception of any messages…” Hence, internet-based messaging and email services are included.
by Apar Gupta
22/12/2023
Three new legislations give the Union government power to censor news content, imperil encrypted communication, make it easier to shut down the internet, and intercept communications with minimal accountability. https://thewire.in/government/telecom-broadcasting-data-protection-bill-digipub
These views were put forth by leading experts at a meeting organised on December 20 by Digipub, which represents over 60 digital news media, independent journalists and commentators.
Who will decide what is criticism of the government and what is criticism of the country? The Home Minister has said that you can criticize the government, but not the country. In the new criminal law, treason has been replaced with treason. Obviously, only the government will decide, its police will decide whether what you have written or said in criticism of the government is a criticism of the country. The concerns that people have regarding the Indian Justice Code, the Indian Civil Defense Code, the Indian Evidence Code, should not reach the people. Are not reaching. The speeches being given regarding this are being delivered and there is more emphasis on applause in the speeches. What is there in this law? What kind of concerns are being raised regarding this, the public does not yet know and will not.
According to the draft amendment, any news that has been identified as “fake” or false by the Press Information Bureau’s fact-checking unit or other Union government agencies will have to be taken down by all social media platforms. https://thewire.in/rights/motive-to-silence-critics-it-rules-draft-amendment-an-attempt-to-stifle-media-says-opposition
The opposition parties have said that with this move, the Narendra Modi government wants to “silence its critics” through social and digital media platforms, which remain the last bastions to call its actions to account.
21/01/2023
Twitter’s recent filings with a third party database reveals that the Union ministry of information and broadcasting directed the social media platform to censor 50 tweets carrying a link to the new BBC documentary about the 2002 Gujarat communal violence citing legal grounds. The ministry cited Rule 16(3) of the IT Rules [PDF] and Section 69(A) of IT Act, 2000 to ask for removal of the posts. https://thewire.in/media/from-john-cusack-to-prashant-bhushan-modi-government-cites-emergency-to-censor-2002-riot-tweets
22/01/2023
As Swartz fought for, what we ideally need is government information in the public domain and people’s personal data being secret.
https://thewire.in/tech/aaron-swartz-and-his-legacy-of-internet-activism
Aaron Swartz died 10 years ago, driven to suicide by prosecutorial overreach of US attorneys trying to convict him for 35 years in jail for downloading scientific journals in bulk at the Massachusetts Institute of Technology. Swartz was a technology genius, who championed the cause of open knowledge and open internet. He helped create Rich Simple Site and Creative Commons, and was the co-founder of reddit and digital rights organisation Demand Progress. Beyond the technology contributions, Swartz helped liberate tons of information from government databases and create open access libraries and projects.
In Swartz’s words:
“Information is power. But like all power, there are those who want to keep it for themselves. The world’s entire scientific and cultural heritage, published over centuries in books and journals, is increasingly being digitised and locked up by a handful of private corporations. Want to read the papers featuring the most famous results of the sciences? You’ll need to send enormous amounts to publishers like Reed Elsevier.”
Across the world, at present, tech companies have taken over control of the information and internet infrastructure. They have co-opted words of internet communities to suit their narratives. In the name of openness and building Digital India, personal information has been commodified. This commodification of information is what Swartz was warning against, how the powerful are taking control of information that should belong to the people. People who understood this fought back against this very idea of gatekeepers of knowledge and information.
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