Tuesday, Aug 11, 2020 | Last Update : 01:07 AM IST

140th Day Of Lockdown

Maharashtra52451335842118050 Tamil Nadu3028752446755041 Andhra Pradesh2355251456362116 Karnataka182354991263312 Delhi1461341316574131 Uttar Pradesh126722767212120 West Bengal98459671202059 Bihar8274154139450 Telangana8075157586637 Gujarat71064542382652 Assam5883842326145 Rajasthan5249738235789 Odisha4592731785321 Haryana4163534781483 Madhya Pradesh3902529020996 Kerala3433121832109 Jammu and Kashmir2489717003472 Punjab2390315319586 Jharkhand185168998177 Chhatisgarh12148880996 Uttarakhand96326134125 Goa871259575 Tripura6161417641 Puducherry5382320187 Manipur3752204411 Himachal Pradesh3371218114 Nagaland30119738 Arunachal Pradesh223115923 Chandigarh1595100425 Meghalaya11154986 Sikkim9105101 Mizoram6203230
  Technology   In Other news  03 Jan 2019  Mozilla responds to new draft rules on intermediary liability in India

Mozilla responds to new draft rules on intermediary liability in India

THE ASIAN AGE
Published : Jan 3, 2019, 2:57 pm IST
Updated : Jan 3, 2019, 2:57 pm IST

MeitY's proposals turn online companies into censors and undermine encryption.

According to Mozilla, the new rules proposed by the Ministry of Electronics and Information Technology (MeitY) are blunt and disproportionate solutions to the problem of harmful content online.
 According to Mozilla, the new rules proposed by the Ministry of Electronics and Information Technology (MeitY) are blunt and disproportionate solutions to the problem of harmful content online.

Last week, the Indian government proposed sweeping changes to the legal protections for "intermediaries", which affect every internet company today. Intermediary liability protections have been fundamental to the growth of the internet as an open and secure medium of communication and commerce. Legal provisions such as Section 79 of the Information Technology Act in India (under which these new rules are proposed), Europe's E-Commerce Directive, or Section 230 of the US’ Communications Decency Act ensure that companies generally have no obligations to actively censor and limited liability for illegal activities and postings of their users, until they know about it. In India, the landmark Shreya Singhal judgment had clarified in 2015 that companies would only be expected to remove content when directed by a court order to do so.

According to Mozilla, the new rules proposed by the Ministry of Electronics and Information Technology (MeitY) are blunt and disproportionate solutions to the problem of harmful content online. The rules propose that all intermediaries, ranging from social media and e-commerce platforms to internet service providers, be required to proactively remove "unlawful" user content, or else face liability for content on their platform. They also propose a sharp blow to end-to-end encryption technologies, used to secure most popular messaging, banking, and e-commerce apps today, by requiring services to make available information about the creators or senders of content to government agencies for surveillance purposes.

 

 Mozilla recognises that harmful content online – from hate speech and misinformation to terrorist content – undermines the overall health of the internet and stifles its empowering potential. However, the regulation of speech online necessarily calls into play numerous fundamental rights and freedoms guaranteed by the Indian constitution (freedom of speech, right to privacy, due process, etc), as well as crucial technical considerations. This is a delicate and critical balance and not one that should be approached with hurried policy proposals.

Mozilla’s five main concerns are summarised here, and they will be further detailed in an official filing to MeitY:

 

  • The proactive obligation on services to remove "unlawful" content will inevitably lead to over-censorship and chill free expression.
  • Automated and machine-learning solutions should not be encouraged as a silver bullet to fight against harmful content on the internet.
  • One-size-fits-all obligations for all types of online services and all types of unlawful content is arbitrary and disproportionately harms smaller players.
  • Requiring services to decrypt encrypted data, weakens overall security and contradicts the principles of data minimisation, endorsed in MeitY’s draft data protection bill.
  • Disproportionate operational obligations, like mandatorily incorporating in India, are likely to spur market exit and deter market entry for SMEs.

(Source)

 

Tags: mozilla, meity