5 Jun 2011 09:24
Re: India Weighing Looser Web Rules
I must confess I find myself befuddled by such articles. Perhaps this is what diplomacy means, that one be kind to people who have been busy stuffing their feet in their mouths, in the larger interest of winning a war rather than each battle.
And, also imho, a sad commentary on the human condition, that everything must be viewed as competition or war, in order for it to be taken seriously.
Why should India 'weigh' looser rules? Because India, in the form of an autocratic and somewhat deluded handful of officers in the DIT, did not 'weigh' sensible rules in the first place, because those Eichmanns did not respond, (mostly) acknowledge even, public responses (nearly all expressions of horror and dismay, plus
positive suggestions for a more kindly policy) that they themselves had originally invited. An empty invitation, as it turned out.
It is a crying shame that this has resulted in an expensive expenditure of public money, and even more pertinently, loss of time. While the executors of the wasteful move may have been government servants (ie ministry officials), the responsibility of the ministers cannot be absolved. It is high time they began practising the high tone of their speeches, and seeing that their ministries do not let them down by doing the opposite. Sweeping political parties out of office and replacing them with their ideological opponents is a very expensive way to bring about reform, as we have witnessed in the past fifteen years since the Supreme Court made its view clear on the role of government in intruding on the private personal rights of Indian citizens under the
Constitution.
Vickram
http://communicall.wordpress.com
http://vvcrishna.wordpress.com
http://communicall.wordpress.com
http://vvcrishna.wordpress.com
From: Frederick FN Noronha फ्रेडरिक नोरोन्या *فريدريك نورونيا <fredericknoronha-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>
To: india-gii-exipcMZXGhE@public.gmane.orgsr.org
Sent: Tuesday, 31 May 2011, 18:39
Subject: [india-gii] India Weighing Looser Web Ruleshttp://online.wsj.com/article/SB10001424052702304563104576355223687825048.html?mod=googlenews_wsj
MAY 30, 2011
India Weighing Looser Web Rules
By AMOL SHARMA
NEW DELHI—Indian authorities are considering revisions to new Internet
regulations after criticism from free-speech advocates and companies
like Google Inc. that fear they could be exposed to liability under
the regime.
The rules, which took effect in April, require Internet companies to
remove objectionable content from their sites, including anything
"grossly harmful" or "harassing," within 36 hours of being notified by
authorities. Executives could thereafter face penalties, including
stiff fines or even jail time, say lawyers who have reviewed the
regulations.
The rules may soon be revised to add greater liability protections for
Internet companies, Minister of Communications and Information
Technology Kapil Sibal said in an interview.
Mr. Sibal said it is fair for the government to ask Internet companies
to put in place codes of conduct that restrain users from posting
certain material online, as the regulations do. But he said it is
"relatively unfair" to expect Internet companies—which are referred to
in the rules as "intermediaries"—to be responsible for third-party
content. "To make the intermediary liable for the user violating that
code would, I think, not serve the larger interests of the market,"
Mr. Sibal said.The backlash after the rules were enacted has been
growing. Civil-liberties groups are expressing fears the rules are too
open to interpretation and could be used by the government to restrict
free speech on the Web. The regulations represent an effort by India
to get a grip on the Web without the kind of direct censorship or
website-blocking practiced in countries like Iran, China and Saudi
Arabia.
He said ministry officials are trying to "apply our minds and see if
the regime can be made more rational."
In its defense earlier this month, India's ministry said the
restrictions rightly require that Internet companies observe due
diligence in order to enjoy exemption from liability for content
posted by third parties. "These due diligence practices are the best
practices followed internationally by well-known mega corporations
operating on the Internet," the statement said.
Google was among the companies and nonprofit organizations that
offered feedback on the rules before they went into effect. The Web
giant unsuccessfully sought changes to limit its potential liability
for third-party content and to scale back a list of banned material
that it said was "too prescriptive."
The rules also require removal of content that is "ethnically
objectionable," "disparaging," or that "harm[s] minors in any way."
On Monday, a Google India spokeswoman referred to a previously issued
statement on the matter. "If Internet platforms are held liable for
third party content, it would lead to self-censorship and reduce the
free flow of information. The regulatory framework should ideally help
protect Internet platforms and people's abilities to access
information," the statement said. Google has faced requests in many
countries to take down content including social-networking profiles
and YouTube videos that foreign governments or users find
objectionable.
India is one of the world's largest Internet markets, with a user base
estimated at more than 80 million. That represents only a slice of its
1.2 billion-strong population, leaving room for growth.
Mr. Sibal, who wasn't the telecom minister when the act was passed, is
trying various efforts to boost Web usage. He plans to bring 500,000
villages online within a few years by laying a massive fiber-optic
backbone and using wireless devices to let Web traffic travel the
"last mile" to rural households.
He said the government has to be careful not to get in the way of
Internet companies trying to build up the market. "We need to ensure
that we don't put conditions which are adverse to the efficient
functioning of the intermediaries," he said. Despite his interest in
relaxing the new rules, however, Mr. Sibal said Internet companies
must "take into account the sensitivities of the countries in which
they're operating."
Sunil Abraham, executive director of the Centre for Internet and
Society in Bangalore, said his organization and other civil liberties
groups are preparing legal challenges to the regulations on
constitutional grounds.
He said the groups will broadly argue that the rules have put in place
arbitrary and unclear restrictions on speech and have gone beyond the
scope of the Information Technology Act of 2008, the law on which they
are based.
Mr. Abraham welcomed Mr. Sibal's interest in potentially revising the
regulations. "If Kapil Sibal gives this his personal time...there's a
good chance the next version would be more robust in terms of
constitutionality," he said.
Write to Amol Sharma at amol.sharma <at> wsj.com
Read more: http://online.wsj.com/article/SB10001424052702304563104576355223687825048.html#ixzz1NvLVTZad
------------------------------------Thanks to ZestMedia. FN
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On Mon, Jun 6, 2011 at 11:06 AM, Kiritkumar Lathia
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