sec66A v/s Art19

1. Intro

* Now everything available on WWW, IP start @1983, 3 decade now, we have a big eye on world, every thing happen in world we get know about here there & anywhere, from video-conf to skype, from facebook to twitter etc.


1. UNGA resolution'97

* To harmonize & unify "law of international trade" & In order to devp trade esp in devpng countries, UNGA pass model law on "electronic commerce" after legalizing "computer record", this new model law Called "UNICITRAL model law on E-Commerce" & ask all state to follow it

* Subsequently, India enact ITA'2000 to facilitate "E-comm" as a alternative to "paper based Communication & storage" + legalize Electronic Documents & Signatures it also amend: IPC, Indian Evidence Act'1872, Bankers' Books Evidence Act'1891 & RBI Act'1934 & other which connected to it


1. What in Sec66AITA'2000

* As per ITA'2000 offences are: tempering of docs & publish obscene info beside them :
Sec66:
It say wrongful loss or damage to any public or person info & hacking are offences


1. But in mean time it was feels that this act not provide informational security, so govt came with ITAA'08 - just like:--- mini constitution it have massive changes, govt give new mini ITA'2000 in form of ITAA'08


1. What in ITAA'08

* Bill in '06 'finally passed in'08

* It replace "digital signature" with "electronic signature" lolz

* Defining communication devices, cybercafe & security etc

* Cleverly remove "Regulations" form "Cyber Regulations Appellate Tribunal"

* Prohibit child pornography

* Now offence:

* @Sec66, they include "dishonesty" & "fraudulently"

* & 66A: According to section following is offence:

* Grossly offences & menace characteristic

* False info cause annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation. enmity, hatred or ill will,

* & add much more as "Sec66" became "Sec 66A to 66F", &"Sec67" became "Sec67 A to 67C"

* They include recipient in offence not very good as he is not responsible for it,

* This all make it so difficult that this bill passed without discussion in House

* Sec 66A is most criticized at that time & now,

* Even Sec69 empower CG/SG/agency For interception any data incl. encrypted, for national security a seed for PRISM of India , which sprout in form of CMS NCTC & many other agencies,


1. Overall a view made by UN & even in India for "trade facilitation" Now became a "authoritarian law" where there is no privacy/no freedom & you are under surveillance.


1. What is Art14, 19, 21,

* No need to elaborate all know it


1. What is social media:

* Its new invention on Internet,

* Social media = social + media,

* Media = communication instrument like:--- newspaper radio = unilateral i.e. only one directional communication

* Social = a phenomenon of interaction, it should bilateral communication,

* So social media = a media in with 2-way communication

* Its democratization of IT

* Type of social media:



1. Advantage of social media:

* Facilitates open comm, leads to enhanced info discovery & delivery.

* Allow discuss ideas, post news, ask questions & share links.

* Widen you contacts.

* In edu it use to disseminate/spread knowledge via video-cof, utube, wiki etc

* Professional networking & recruitment via LinkedIn etc

* Keep personal contect via facebook, orkut etc

* Use in Business marketing via LinkedIn google, facebook etc

* Market research,

But There is little social about social media always, beside profit it make our life virtual, i.e. Relation became less personal, reduce face to face interaction,


1. Disadvantage

* Primary disadvantage that people not know how to use social media. people waste more time it leads to in-,

* it limit our societal interaction,

* If we go on road then we need license but there is no license for Social media, anybody can access any thing, via fake ID

* vulnerability of users to hacking/fraud /spam /virus attacks.

* data or identity theft.

* Negative campaign

* Productivity lost,

Enough theory lets see some dynamic contents


1. things happen in social media - In world

* PRISM we all know about it nothing to say

* ECHELON surveillance by US & EU

* Apple received so much criticism about how its iPhones and iPads were collecting and storing user location data -later cos apology

* AOL Search Leak: it release search keywords it supposed to be anonymous but later but many keywork include personal info later cos apolize & removed it

* Google street view map scandal of various monument & security locations,

* nina davuluri critisim also evident where social media use for racism


1. In India:

* Operation Blue Virus is latest, (blue virus = social media = Ubiquitous, Unbridled, Untamable)

* IT cos offer "customized online reputation management services" to boost anybody popularity, & even malign opponents, for money from lakhs to crores in cash

* They offer fake fan-following on social media platforms

* Clients incl. business & politician, even scam tainted public servants

* So far 2 dozen cos uncovered what nos of uncovers a full-fledged business

* provide demographic data on voters, on linguistic /communal lines, for effective booth management

* Hiring Dedicated journalists / detectives to throw opponent

* buying votes of the poor

* spreading rumours

* exploding bomb to force a particular minority community stay indoors on polling day, so bogus votes could be cast.

* They use different IP addresses, offshore servers, proxy codes or wireless connections, disable tracking device of a computer system & destroy same when job is over, to cover their tracks.

* violate various laws, like:--- ITA2000, the RPA1951 Income Tax Act 1961,

* riots in Muzaffar Nagar

* exodus of Northeastern Chinis from cities across India

Various arrest under Sec66A

1. Manoj Oswal for causing inconvenience to relatives of Sharad Pawar for allegations made on his website

* Jadavpur University Professor Ambikesh Mahapatra for political cartoon of Mamata Banerjee;

* businessman Ravi Srinivasan for defamatory tweet against chindu son

* 2 Air India emp, jailed for 12 days for defamatory remarks on Facebook against a trade union leader & politician;

* Aseem Trivedi, accused of violation of the IT Act for cartoons lampooning Parliament and the Constitution to depict its ineffectiveness. later incident rocked the nation

* 2 young women, for comment posted on Facebook that questioned shutdown of Mumbai following demise of Bal Thackeray.

* Sanjay Chaudhary arrested for posting objectionable comments and caricatures of Manmohan Singh, Kapil Sibal & Mulayam Singh Yadav on his Facebook wall.

Did you notice all victims(lolz) are minister or VIP, Can all security/safety only for them.

1. Is those all charges are real or just fake, its simple that if a minister/VIP not like any comment he ask police to arrest that person, Is this happening

* Other side of mirror:

* We know that social media is a world second / virtual world, but here is some problem,

* When you have to drive a vehicle, you have to got a driving license, but in social media no any thing require, anyone can do any thing, no age-proof, no certification, even not a simple training that how to use this internet & social media,

* A small child publish his photo thinking that his friend can see, but he dont know that who & where there phota can seen

So lets back to topic:


1. Several PILs filed to SC that "Sec 66A curbs freedom of speech and expression & violates Art14, 19 21

* it also say that Section is vague & ambiguous lead to wanton abuse by police .


1. Centre reply: that Sec66A is valid as it has been taken from UK Communications Act, 2003,

* @nov'12 we also advise SG not to allow police to make arrests @Sec66A without prior approval from an officer not below rank of IG in metropolitan cities or DCP / SP at district level. But, advisory = not sufficient as political interference in law enforcement is well known

* & in implementation SG make "spirit Law" to "letter law"

* then SC ask all SG to adhere CG guidelines in implementing Sec66A ITA'08


1. Later a private members resolution moved in Parliament, to withdraw this draconian Section 66A but later withdrawn following Sibal assurance that resolution will be taken up after SC rules on it



1. So where is real problem:

* Identity, in print media you always know about person who posting, who editor, even they governed by Press regulation Act,

* But in social you dont know who/when/why a person post from anywhere, most time social media is opaque

* Jurisdiction issue intermediary & carrier are not liable to jurisdiction, we have to rely on intermediary/carrier to know identity sender

* Expansion We are expanding our network it became a second world without boundaries but existing laws have boundaries, like:---

* in US any person can send much as many sms as he think, he can publish smoking ad in any website of US which majorly viewed in India,


1. What GoI do for social media

* To publish "govt initiatives" In social media, govt created New Media Wing under M/oIB .

* Govt of India issue: Framework & Guidelines for Use of Social Media for Govt Org https://www.negp.gov.in/pdfs/Social%20Media%20Framework%20and%20Guidelines.pdf

* MoIB @Youtube,

* In order to establish a direct communication between the Ministry and various stakeholders of Community Radio fraternity in the country, the Ministry has launched a dedicated page on facebook- Community Radio India. This page can be accessed from www.facebook.com/communityradioindia

* Delhi traffic police is on facebook, you can lodge complaint on page & get redressal

* Metrological dept issue weather report via social-media/SMS


Difference in use of social media & thinking:

Youth / new generationPolitician / older generation

They use social media massively, with such a high pace They are unable to match pace of new generation, they are not giving regular reply, when there is rumor they are absent to stop those rumor, in hasty they apply ITA improperly

New generation see society as horizontal platform, & see all people at same level They see society as vertical platform, see they are who control all things,






A debate on social media & freedom:

Pro-social media i.e. favor of Art19Anti-social media i.e. in against Art19


1. Social media should not be controlled as mainstream media,
* As we can see mainstream media is totally commoditized, paid news,
* major news channel are assets of business/politician,
* We not get correct ground-reality of situation/problem,
* But atlest via social media we get some correct info/view, & esp very rapidlySocial media should be controlled just like to mainstream media as its now have many bad effect


1. although it have some deformities, but if govt respond quickly these deformities can be easily overcomeNot easy as it have @very small level, even a cell phone used as bomb see case of NE exodus


1. Even after certain level of its self correctingBut what below that level, these poor people are much more vulnerable & constitute around 70% of India popu, for just profit some 14-15 m people why make life of other poor people vulnerable,
1. Pro argument make those people also tech available, i.e. coverage of social media


* Its fast
* Also spread rumor very faster
* See: Rumor of white house demolition share market loss


* Mainstream media give info/news on concentrated area, or its focus is on one thing even for whole day for a penny topic like:--- child fell in well, sharukh got cough ,
* but social media you have reach to every person make its info very diverse,@ end it became too diverse that sys became complex & we are unable to address any of issue correctly,


1. Blue virus show social media importance to politicians & there consciousness about there image, if we proper manage this quality of social media it became really profitable,
* See who are making this whole thing to stop = politicians,
* Its because when they see social media's benefit, they try to buy like& comments, but when people try to reap social media benefit, they try to stop it via misinterpretating existing laws, (as public welfare/profit cause a loss to business/politicians) Buy like& comment i.e. fake world


1. Politicians are not Focus on real problem : communal violence or any incident,
* but they are focus on social media,
* Can earlier riots are not happening, where there are not any social media like:--- '92-'93 riots, '84 riots, 02' riots London riots done by social mediapro: these riots are due to social disparity


1. These incidents are violation of Communalism/sedition/other laws based on different ideology
* So why put social media for its toll,Social media is great factor which contribute to massive loss


1. We see things are weird as
* Manipulation/other faults in mainstream media are organized but social media is institutionalized/unorganized,


1. In main stream media you can't highlight your talk/view individually, it get various scrutiny like:--- editor,
* But in social media single people can post, & all can view & comment on it if its correct they spread it but if it bad they censor it,
* in social media some small group discuss but other major part of people remain untouched,
* Without regulation there is no any thing then how social media free,


1. common man can't challenge any mainstream media for fake/wrong reporting as it have no good response,
* but in social media a smallest man can give its comment,
* even responsible politician responding accordingly, but what do if majority of our politicians are unresponsive/authoritarian or have tyranny mindsetWe have all redressal mechanism so why need social media









Misc:

1. Art19(2)CoI have a term "decency or morality" So ambiguity is also in it

* For same crime if committed offline - 2yr jail, if online - 3yr jail why this difference

* Aadhar : is a bad example of social data gathering as they collect common man data without any law, this all work done by private agencies they are really vulnerable, how can they legitimate there this claim


Conclusion:

1. Common people are never like riots, they always think of peace

* we agree that freedom of expression is until when it not hurt other person/public emotion/material,

* Its not correct to put restrictions, as this is not solution of problem but it is oppression of speech/ideas,

* There are certain bad content in social media, We have to face them counter them heal them if necessary,

* I.e. not shut any rumor but create such info/evidence/truth/proof that rumor seen/became fake or it became quite &for it govt have to be fast enough to updating such contents, & Why govt is not fast enough to do so, same gen-gap

* In other words you also say in present time negative matters are more organized in social media than positive elements, see blue virus

* Social media is not a element its medium, we need to focus on massage sender & not on messenger

* we have to fight communal forces, on which our govt never show any sign, like:--- '84riots,in which social media not used, till now any person is not convicted to them,

* See vanzara case - a live example, even arrest is when he not follow politicians,

* & you can't control spreading of rumors, even '75 emergency can't control rumors, as news on one place is spreaded to whole country

* in muzzzafarnagar we can't say that if no social media than riots are prevented

* At same time we need to revisit of countrys cyber laws to plug some loopholes, like:--- communal violence bill it fill many gap in existing laws

* We also take care that laws are implement on spirit not on words, & without impinging on freedom of speech

* Otherwise, it will be not too long before social media, ubiquitous, unbridled and untamed, becomes the bane of society with all its attendant ills

@last we think that Same sms save many fisherman @storm period


Indrajeet Singh











Ref
Some initial part of http://www.youtube.com/watch?v=FBE2tyXzGCI
UNGA resol http://www.un.org/documents/ga/res/51/ares51-162.htm
ITA2000http://eprocure.gov.in/cppp/sites/default/files/eproc/itact2000.pdf
ITA'08http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/it_amendment_act2008.pdf
A critical analysis of ITA.08http://cis-india.org/internet-governance/publications/it-act/short-note-on-amendment-act-2008/
Op Blue virushttp://www.cobrapost.com/index.php/news-detail?nid=4026&cid=23
Social media http://webtrends.about.com/od/web20/a/social-media.htm
Dis/advantagehttps://www.udemy.com/blog/advantages-and-disadvantages-of-social-networking/
Dis/advantagehttp://www.shrm.org/templatestools/hrqa/pages/socialnetworkingsitespolicy.aspx
Privacy scandals http://www.networkworld.com/news/2012/012612-privacy-scandals-255357.html?page=2
ECHELONhttp://news.bbc.co.uk/2/hi/uk_news/politics/655996.stm
ECHELONhttp://news.bbc.co.uk/2/hi/europe/820758.stm
thehinduhttp://www.thehindu.com/opinion/lead/an-unreasonable-restriction/article4432360.ece
Private resolhttp://www.firstpost.com/india/centre-promises-advisory-note-to-stop-misuse-of-sec-66-a-of-it-act-557788.html
Some RS debates on issue,