Slow and Steady ? Sure Way to Nowhere !

Context :

Data protection bill may get Cabinet nod next week

Govt proposes IT Act changes to allow apps, sites to be taken down. 

 

Highlights :

·    The government plans to amend the IT law to increase penalty on Apps and Web sites that are unable to control fake news and child pornography . Amendments will include an EXTREME provision of taking down apps and web sites in violation

 

·    The move comes days after senior officials of the IT ministry met representatives from top global social media and internet companies and sought their views on proposed rules that would, among other things, help trace the origin of unlawful content. This is one of the key area of dispute between the government and companies

·    The amendments could potentially impact the operations of popular services like WhatsApp , Facebook , Google , Twitter , Telegram . Some of these services have had differences with the government over the issue of tracing the origin of content that is fake, scope of encryption, content deemed interfering with politics and elections, spread of child abuse and revenge porn

·    The government had last year carried out an exercise to determine whether blocking web sites and apps was technically feasible if telecom companies and internet service providers were asked to do so. The issue is still being discussed

·    He ( Shri Ravi Shankar Prasad ) said the government was looking at regulating the services of foreign internet companies operating in India to make them accountable to Indian Laws and judiciary

·    While section 69A of the IT Act gives powers to the government to order blocking of access to information that is detrimental to the sovereignty , security and friendly relations of the state , the government is considering whether there can be a TOTAL CLAMPDOWN on the operations of an app or web site in case of serious violations

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 Note these Keywords / Phrases :

·    Provision…..web sites in violation

·    Seeking their views….

·    Tracing the origin of content…

·    Whether blocking was technically feasible………

·    Looking at regulating the services……….

·    Government is considering……..  [   Why is  “  begging  “  left out  ?  ]

What kind of “ Content “ is considered “ Undesirable “ ?

·    Fake News / Child Pornography

·    Content deemed interfering with politics and elections

·    Spread of child abuse

·    Revenge porn

     Which Government Authority will “ deem “ , “ which “ content meets “ what “ criteria ?

     Will it be possible to get the web sites to agree to the criteria laid down by government ?

     Will government end-up agreeing to the criteria Web sites set up for “Self Regulation” ?

     Will we end up with “ It’s my word against your word “ type of situation in  court of law ?

     How many (thousands) of cases of “ Unlawful Content “ can government fight at a time ?  

What do web sites have to say ?

·    Tracing the origin of fake content is difficult

But how come, neither the government nor the web sites are talking of the following ? :

·    Web sites allowing Apps to collect / hack , PERSONAL DATA of users / friends

·    Web sites themselves making tons of money from “ misuse “ of User Data

·    Web sites not sharing with their users , profits they make from such User Data

Will amending IT Act help ?

·    Amendment by itself, cannot stop “ Fake Accounts “ which remain difficult to trace

·    It does not stop those web sites to make tons of money through misuse of data

Any analogy for the proposed amendment ?

·    Locking the stable after the horse has bolted !

What should be the right approach ?

·    Prevent creation of fake accounts

·    Ensure 100 % traceability of each and every activity by the users on every web site

·    Immediate “ Digital Death “ ( Capital punishment  =  non-use of internet itself  ) by culprits posting fake news / hate speech / objectionable content

·    No need to “ Request / Urge / Ask / Order “ the web sites to install “ automated tools to filter “ the objectionable content ( under new rules of Section 79 of IT Act )

·    No need to file court cases if they fail to “ filter “ ( - and wait for years ! )

But what about making those web sites pay for use of Personal Data ?

·    For every single use of User Data , ensure that the web site concerned makes a DBT ( Direct Benefit Transfer of a micro-payment ) into the Jan Dhan Account of the concerned user ( I have estimated this at Rs 35,000 per month and urged Shri Arun Jaitleyji to exempt this from Income Tax , treating this as  Universal Basic Income )

What is required to “ Prevent the Disease “ ?

·    Implement  Concept        >    “ Only Answer : a Statutory Warning “

·    By launching  portal         >      www.IndiaDataCustodian.gov.in

·    Enabling user to earn       >      Privacy For Sale 

·    Where is USA on this  ?    >      Internet Bill of Rights 

·    Father of Internet agrees  >      Tim Berners-Lee Speaks

 

How can this be legitimized ?

·    By re-drafting the proposed “ Data Protection Bill “ ( It is still , not late ! )

Will those web sites agree ?

·    Don’t try to “ SELL “ this idea to them . Just “ TELL “ them ,

“  Sign up on the dotted lines or QUIT  INDIA “

Does this not sound “ draconian “ ?

·    It will – to pseudo-liberals and neo-experts debating in air-conditioned TV Studios . 500 million poor people ( covered by Ayushman Bharat Scheme ) will welcome this

Will this stop Citizen Data from being hacked ?

·    Currently, citizens’ personal data is lying on thousands of servers of Google – FaceBook – Twitter – Amazon etc .  Under my proposal , all Indian Citizens’ PERSONAL DATA will reside only on the server of  www.IndiaDataCustodian.gov.in  

Hence it will be relatively difficult to pilfer .

Of course , such a concentrated / single repository of entire LIFE HISTORY DATA of a billion Indians makes it a very lucrative target for evil hackers, who have in the past managed to hack into NASA and even PENTAGON servers and more recently pilfered personal data of Angela Merkel and  hundreds of EU politicians / celebrities

And to be brutally honest , even my suggestion would protect the misuse of Personal Data of citizens , only for next 5 years or so !

By 2024 , average home will get populated with dozens of Internet Connected devices / items ( vehicles - furniture – fridge – oven – TV – wall clocks – door locks – you name it of IoT ! ) – all of which embedded with hundreds of sensors which will relay / transmit to Device Manufacturers / ISPs / MSPs / Social Media / E Com web sites / Government Agencies etc , every single word you utter / every food that you eat / every medicine that you take , and video of everything you do, on 24x7 basis  !

          George Orwell’s  1984 will have finally arrived , although 40 years later !

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PERSONAL  DATA  FLOW  PROCESS  CHART

ROLES

#  Social Media / E Com Web Sites & Apps

·    Shall enter into legally binding Contract with IDC

·    Shall display a “ Statutory Warning “ on their home-page

·    Shall not ask / require users to submit ANY personal data

·    Shall not ask users to click, “ I agree to the TERMS & CONDITIONS “

·    Shall enable, “  Log me in with www.IndiaDataCustodian.gov.in  “ 

·    Shall access “ User permitted personal data “ from IDC , only upon User Login

·    May acquire additional / aggregated User Data from IDC by paying online

#   Citizes

·    Shall submit Personal Data on IDC at 10 ascending levels of details

·    Shall select Social Media sites on IDC and grant specific “ Data Level “ access to each

·    Specify / select what of his personal data ( level wise / aggregated ) can be sold to any website ( Jan Dhan Bank A/c No and Aadhar No, to be part of personal data )

·    Shall not provide any Personal Data to those websites with which IDC has a contract

·    Grant to IDC, a special Power of Attorney, to deal with Web sites on his behalf

#   IDC (  www.IndiaDataCustodian.gov.in  )

·    Represent in courts, all Registered Users for their usage / dealings with web sites

·    Ensure that web sites can access only that Personal Data which User has selected

·    On behalf of users, “ sell “ additional data ( but only anonymized / aggregated ) and issue “ instructions “ to buyer , how much money to deposit in which Jan Dhan A / C

·    Do not renew “ Annual User Registration “ unless he fills in “ Site Rating “ online

·    Cancel Registration if “ malicious / unlawful “ content posting on any Social Media is traced to him ( - what I earlier described as “ Digital Death = Capital Punishment “ )

·    Provide feature for online lodging of complaints against any web site

·    Act as a Gate-Keeper / Gateway , between the Web Sites and the Indian Citizens

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Related  Readings :

·    Supreme may Propose : Technology will Dispose   [   23  July   2017  ]

·     

·    Right to Sell My Soul ?                                         [  27  Aug  2017  ]

·    A Fool’s Paradise ?                                               [  29  Aug   2017 ]

·    7  Pillars  of  Data  Protection  Law                        [  27  Nov  2017  ]

·    Data Protection without Data Privacy ?                   [  08  Jan  2018  ]

 

 

Dear Shri  Ravi Shankar  Prasadji,

 

I urge you to incorporate my above suggestion in proposed DATA  PROTECTION  BILL

 

If you do , the entire world will look up to India for guidance in matter of PERSONAL  DATA   PROTECTION and  PRIVACY

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05  Jan  2019

RSVP  >  hcp@RecruitGuru.com

Mukesh has the last laugh !

A few days back , Commerce Ministry announced FDI norms / guidelines in relation to E Commerce

This was done, even as DRAFT of the new E Commerce Policy is yet to be released ( - a “ work in process “ for past 2 years )

Briefly ,  it reads :

·         E-Marketplace players cannot sell products of companies in which they hold a stake. Such an ownership or control over the inventory will render the business ( market-based model ), into an “ Inventory-based “ model

·         Inventory of a vendor will deemed to be controlled by an e-commerce marketplace entity if more than 25 % of purchases of such a vendor are from the “ marketplace entity “ or its group companies

·         E-commerce marketplaces to furnish certificate and report of statutory auditor annually to RBI confirming compliance

·         E-commerce marketplaces are allowed to support services to sellers, such as

#    WAREHOUSING

#    LOGISTICS

#    ORDER FULFILLMENT

#    CALL CENTRE

#   PAYMENT COLLECTION

·         E-Commerce companies with foreign funds have to compulsorily operate as a “ marketplace “, as FDI is allowed only in such models, and not in “ inventory-based “ ones

[  Under an “ Inventory-based “ model, companies can sell their “ own “ items , whereas in a “ marketplace “ model, they can only serve as the link between buyers and vendors  ]

·         E-commerce “ marketplace “ entity should not mandate any vendor to sell any product exclusively on its platform

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QUESTION :

·         What is the E-Commerce “ model “ of  Reliance Retail [  RR  ]-

Is it a “ Marketplace “ model or an “ Inventory-based “ model ?

Ask Mukesh Ambani and very disarmingly , he will say :

“ Oh , ours is a “ Hybrid Model “ and therefore it is outside the purview of the guidelines / norms just announced

It makes us “ F-Commerce “ – short for FUTURE of COMMERCE  “

F-Commerce for the following reasons :

[As envisaged in :

https://myblogepa

ge.blogspot.com/2018/07/ma-da-x-4000000.html  ]

SALES :

All of your merchandize will be available for selection / ordering on our ONLINE web portal 

This online presence of your merchandize will expand / extend your " reach " to thousands of consumers in your neighbourhood

You will need to only focus on OFFLINE ( across-the-counter ) sales to consumers who walk into your store

For OFFLINE sales , we will install in your stores , all the necessary Computers / POS terminals / Routers / Internet Connections / Mobile Wallet Payment systems and an end-to-end , RETAIL MANAGEMENT software 

All of your OFFLINE sales data will get transferred to our Central Server

SUPPLY  :

We will deliver to your store , all merchandize on " Consignment " basis

This means , you do NOT need to pay us for what we deliver to you store !

Till sold , all goods in your store will be our " stock "

This way , you do NOT need any " Working Capital " as far as your stocks are concerned 

We will also tie-up with the manufacturers

You don't need to have any interaction / dealing with the manufacturers

INVENTORY  :

On a continuous basis , our web server will keep a track of each and every item of merchandize sold from your stores

Our Server will calculate , your " Stock Movement " 

Based on this data , our Server will compute / set for each item :

#   Minimum Stock Level

#   Alarm Stock Level

#   Stock Re-Order Level

#   Re-Order Quantity ( Minimum Batch Size ) 

Based on this logic , our Server will instruct the relevant " Merchandize Manufacturers " ( or their dealers / stockists ) , to deliver the stipulated " Re-Order Quantities " to your stores

A " Re-Order Instruction intimation " , will get delivered to your computer

Upon arrival , you will need to update the data

From time to time , our Software will also figure out your current stocks of " Extremely Slow Moving " and " Obsolete / Expired " items , and arrange for " Return Delivery " , which you will need to enter in your database

DELIVERY  :

Not only we will deliver the merchandize to your store , but we will also pick up " Ordered Items " ( for ONLINE orders only ) , from your store and deliver the same to your customers  !

Initially we will employ manual " Delivery Persons " for this but , before long , we will deploy a fleet of autonomous DRONES for this purpose 

This fleet will cover " Kirana Stores " and " Online Customers " , located in pre-designated areas , covering 4 sq km ( 2 km x 2 km )

We are in talk with www.What3Words.com , to enable precise delivery through your 10th floor window  !

These drones will get their " Delivery Instructions " directly from our Web Server , for all ONLINE orders

When these drones arrive at your Store to pick up the items ( to be delivered ) , they will transfer ( Blue Tooth / NFC ) and display on your Computer screen , following data :

#  Online Order Number / time / date

#  Items covered with description / value of each

#  Customer Name / Address 

#  Mode of Online Payment / Bank Details

#  Your online account CREDIT details , giving,

     ( Sales Value ) - ( Purchase Price )  

    " Purchase Price " of goods in your stock will be

     based on FIFO method

FINANCE  :

As explained earlier , you will have a bare minimum need for " Working Capital " , since all of your stock will be on " Consignment " basis

We will collect the " ONLINE  PAYMENTS " directly from the customers and " Credit " the same to your " online sales account " with us

Against same account , we will " Debit " the " purchase price " ( price at which you purchase the merchandize from Reliance ) of the goods sold

Our server will also take care of all GST payments and filing of GST returns

As far as OFFLINE sales is concerned , all the data captured through POS terminal will get transferred to our Central Server

MARKETING  :

Not only will we carry out all marketing for your ONLINE sales , we will help you with your OFFLINE marketing , through introduction of the following technology-enhanced features :

#   Arranging a better display of merchandize on your shelves / re-arranging of shelves


#  Introducing Augmented Reality ( AR ) for clothes / fashion goods in " Trial Rooms " for giving the customers , an experience of " touch - feel - looks "

#   Introducing Robots to answer customer inquiries

#   Eliminating " Check Out Counters " , based on " Payments through Bio-metric Recognition " of customers

#   Embedding RFID sensors in each item of merchandize and RFID readers embedded in Shopping Carts

#   Improving your window display thru rotation

#   Introducing music

#  Eventually replacing " Physical " merchandize with " Holographic Display " of merchandize on your store shelves !

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Apparently , Mukesh seems to have come up with his “ F-Commerce “ model , after reading the following :

[ source :

https://myblogepage.blogspot.com/2016/08/missing-woods-for-tree.html / 12  Aug  2016 ]

" E- Commerce and Foreign Direct Investment " are the " Special Theory of ECONOMY " , whereas " Commerce and Investment " are the " General Theory of ECONOMY "

The best that the Committee can recommend is adoption of the following ,

Parekh's , " 3  Laws of E-Commerce Economy " 

- to be incorporated as 123rd Constitutional Amendment

( with apologies to Isaac Asimov's 3 Laws of Robotics ! ) :

LAW  #  1 :

Asimov :

   A robot may not injure a human being or, through inaction, allow a human being to come to harm.

Parekh :

Rules / Regulations of E-Commerce shall not come in the way of unfettered creation of SELF EMPLOYMENT

    

 Any existing Law / Rule / Regulation that hinders a person to become Self Employed, shall be treated as ultravires

  

Further , any Law / Regulation of " E-Commerce / FDI " which slows down Investment ( Foreign or Local / Official or through channeling of BLACK MONEY ), shall be treated as " bad in law " and struck down

LAW  # 2

   

Asimov :

   A robot must obey the orders given it by human beings, except where such orders would conflict with the First Law.

   Parekh :

   Laws / Regulations governing " E-Commerce / FDI " shall be subservient to Laws / Regulations governing " Commerce / Investment " .

       

   Whenever any Public Authority / Court finds conflict between the two ,  laws / regulations governing " Commerce/ Investments " , shall prevail under all circumstances , and in favor of the self employed

     

     LAW  #  3

     Asimov :   

   A robot must protect its own existence as long as such protection does not conflict with the First or Second Laws.

   Parekh :

   Laws / Regulations of " E-Commerce / FDI " which get over-ruled under LAW # 2 , shall immediately " Self Destruct " in favor of unobstructed progress of TECHNOLOGIAL ADVANCES

  

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01    Jan  2019

     RSVP :  hcp@RecruitGuru.com