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Research methods, design, sampling and executionThis is a mixed-method research study, comprising both qualitative and quantitative methods. more
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Respondents profileQualitative research was conducted with 33 respondents. These included representatives from SSMI organizations, digital news publications and cloud service providers. One FGD was conducted with independent software developers who are vocal about privacy, digital rights, data security and responsibility in technology on social media and community forums. We classified this set of respondents as “p… more
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Detailed findings: Overall awarenessThe IT Rules, Intermediary Guidelines 2021, have a far-ranging impact on social media apps, digital news and content, and cloud hosting providers in the country. The Rules could potentially affect a far wider section of the startup and SME sector in India given that many of these organizations produce content in one form or another which can be regulated. While the legality and ethicality of the … more
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Detailed findings: Legal concernsIT Rules are Ultra Vires of IT Act 2000 The IT Rules are notified under the IT Act1, 2000, which provides ‘Safe Harbour’ status to digital intermediaries. That is, the intermediary will not be held liable for content that is merely hosted by, or transmitted by them, provided they are not the creators or owners of the content. By nature, subordinate legislation, such as the IT Rules 2021, cannot r… more
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Detailed findings: Ethical concernsBroad definitions of unlawful content: The government claims the IT Rules are framed as a response to illegal or unlawful content, including hate speech, pornography and Child Sexual Abuse Material (CSAM), among others. Under the Rules, unlawful content will also include content that is deemed against national interest or national security, including those that tarnish the image of the nation. more
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Detailed findings: Implementation concernsWhat we observe in this section can be seen as the continuation of the previous section with issues arising from the lack of ethical considerations playing out in terms of implementation. Vague definitions of organizations, and the broad scope that has been created for the Rules, organizations must now undertake more tasks and activities to comply, irrespective of size or resources. Some of the l… more
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Impact of IT Rules on tech workers’ ecosystem - professional concernsIntroduction As discussed in the chapter on respondent profiles, a quantitative survey was conducted with tech workers to assess awareness, understanding and impact of the IT Rules. more
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Impact of IT Rules on tech workers’ ecosystem - personal concerns; impact on participation and advocacyThis chapter is divided into two sections: Impact of IT Rules on personal lives, mainly freedom of speech and expression, and privacy. more
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Conclusion and RecommendationsIn the final analysis, the IT Rules are seen as having a deep, detrimental impact on the social media and digital news sectors, and result in increased work loads for employees, increased cost of operations and compliance for organizations. Along with existing concerns over the potential impact of the Personal Data Protection Bill (PDP) that is currently under advisement by a parliamentary body a… more
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IT Rules 2021 Intermediary Guidelines: Concerns and recommendations from the communityIntroduction The INFORMATION TECHNOLOGY (GUIDELINES FOR INTERMEDIARIES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 notified by the Ministry of Electronics and Information Technology (MEITY), together with the Ministry of Information and Broadcasting (MIB), Government of India has a significant impact on what was perceived as the ‘safe harbour’ for organizations providing communications and informa… more
IT Rules 2021 Report: Annexure
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IT Rules 2021: law, legalese and impact on open source communitiesThe Government of India (GoI), Ministry of Electronics and Information Technology (MEITY), and the Ministry of Information and Broadcasting (MIB) jointly released the new IT Rules 2021, with significant impact on Intermediaries. The new rules impact OTT and digital media streaming services, online news outlets, social media and platforms, messaging services, among others. The new rules are availa… more
IT Rules 2021 Report: Annexure
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User privacy and the litigation between WhatsApp and the Indian Government over the IT RulesOn 27 May 2021, WhatsApp took the Government of India to court over the IT Rules 2021. The IT Rules 2021 mandate WhatsApp to implement traceability i.e. the ability to trace the origins of “unlawful” messages. This effectively breaks WhatsApp’s end-to-end encryption technology implemented to safeguard user privacy. WhatsApp argues that this mandate (in the IT Rules) violates citizens’ fundamental… more
IT Rules 2021 Report: Additional material
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The Wages Of Fear: A Compendium Of Global and Domestic Encryption DebatesThis submission is part of a compendium on encryption. I would implore readers to first watch a short primer where Matt Green takes us through the specific technological developments that surround the history mentioned in this compendium. Better still, check out Matt Green’s submission End-to-end encryption: State of the Technical and Policy Debate for a deeper dive into the history of global enc… more
IT Rules 2021 Report: Additional material
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U.K's Online Safety Bill: An OverviewA Brief History Of The Online Safety Bill In May 2021, the U.K government published the ‘Online Safety Bill’, comprising a 145-page document, along with 123 pages of explanatory notes and a 146-page impact assessment on the ramifications of the bill. The U.K government positions the Bill as one which ushers in “a new age of accountability for tech and brings fairness and accountability to the onl… more
IT Rules 2021 Report: Additional material
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