[governance] FW: [MobileActive Discuss] Why Cell Phones Went Dead After Hurricane Sandy- Bloomberg

[Pranesh Prakash]

michael gurstein [2012-11-17 19:30]:
> Who can we rely on to act in support of the (global) public interest--IBM,
> Google, Facebook, AT&T, the USG, "the market"..?

In India we face the opposite problem of that described by Susan 
Crawford.  Through the ISP Licence, the UAS Licence, the Telecom 
licence, the government has armed itself with powers against the ISPs 
and telecom companies that it does not have under any law.

For instance, there is a stricture in those licences against "bulk 
encryption" of more than 40bits without key escrow, despite the 
government requiring 128 bit encryption by all banks in another law. 
There is a requirement of having a black box room on their premises with 
access to all communications, though blanket surveillance (under some 
readings of Indian law and the judicial interpretation of the right to 
privacy as a fundamental right) is not permissible.  Importantly, if it 
doesn't harm their bottom line, these companies have no incentive to not 
cooperate.

While we should avoid moving to a state of 'no regulation' (competition 
law, consumer law, etc., should apply), in many countries, especially 
LDCs and developing countries, we are on the opposite side of the 
spectrum.  Please spare a thought for developing countries too ;)

-- 
Pranesh Prakash
Policy Director
Centre for Internet and Society
T: +91 80 40926283 | W: http://cis-india.org
PGP ID: 0x1D5C5F07 | Twitter: @pranesh_prakash

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