Covert censorship
 

Sir, - I am a subscriber to VSNL's internet service with the following email address skaziknde.vsnl.net.in. Since September end, 2000, I noticed that all emails to and from me to Middle East Socialist Network (MESN) could neither go through nor reach me. MESN is an e-group with 123 members across the world who receive messages regarding news and political developments in that region. Its members are largely researchers or people interested in political events and struggles in that region. Anyone can access the MESN website and messages at www.egroups.com/group/mesn.

After futile attempts to set things right myself, I came to know from the MESN moderator that my account had, for some unknown reason, been 
``blocked'' by my server. On October 31, upon visiting the VSNL office at Bangla Sahib Road, it was confirmed by VSNL that my account had indeed been blocked. Upon inquiring as to why this had been done without my knowledge or consent, one of VSNL's managers - Mr. Goel from the Customer Services Section - informed me that since ``Muslims have links with Pakistan and because of reasons of security'', they had taken this step. Upon protesting this covert, undeclared censorship, Mr. Goel, with a grandiose gesture, declared ``We can do anything''. He alleged that ``some people'' had complained against me - an allegation which he has failed to prove or substantiate. MESN only emails its subscribers, and also has an anti-spamming policy, so the question of anyone receiving any unsolicited mail from MESN does not arise.

My mail was ``unblocked'' after filing a written complaint and meeting a couple of other managers! Needless to say VSNL is still to account for its outrageous unwarranted policing and censorship of my mail. I would like to ask Mr. Goel and VSNL: is this how you treat your Muslim customers? Are we, once again, to be collectively branded and placed in the ``suspect'' category due to the prejudice and communal bias of VSNL officers?

Seema Kazi,

New Delhi

One of my friends, Mr Arun Mehta of Delhi has indicated that this matter would be taken up in a writ petition to prevent such arbitrary action from the staff of the VSNL in future.

Apart from the individual case which is in itself a highly sensitive issue, in the context of the  mistrust that it may indicate on a community, I would also take this opportunity to raise the larger issue of the "Right of the ISP to interfere with the customer's E-mail Box".
The points I am making would be not valid even if such rights are embedded in any ISP agreement with the customer since these form the basic rights of the Netizens.

Today, no body can deny that the world is moving into a digital era where E-mail has already become a way of life and an essential service. With the passage of the Cyber Laws, messages dumped in the e-mail box of a person have legal implications as to the time and place of receipt. The ISP can no longer treat E-Mail as a special service that it offers with which it can meddle as per its convenience.

The issues that are to be discussed here are
1.Right to Filter and Block Messages
2.Right to Bounce Messages 
3.Right to evesdrop on the Messages

We do agree that in the interest of national Security, some times the Government has the right to watch the activities of the Citizens and the Netizens. This falls in the area of "Privacy Rights" and is restricted to "Listening" to the conversation by "Responsible officers" who are "specially authorised" under a specific "Procedure".

"Blocking" or "Bouncing of Messages" transcends this right of the Government and interferes with the right of the user in enjoying a continued service.

If there is any administrative reason to do so, the ISP has to give a reasonable notice to enable the user to switch the mail box to an alternative ISP and also provide a "Redirection service" free of charge. In any bounced mail after such service has been given for a reasonable time, the alternative e-mail address has to be indicated to the sender.

I would not like to hazard a guess on what is the "Reasonable time" for such an action since in some cases it may be several months before the change over can be effected smoothly.

In all such forced disconnection of service, ISP has to pay a compensation to the user as well even if originally the e-mail service was bundled with the "Access Service". 

Initially, VSNL was having a practice of informing the mail box users whenever the mails exceeded the allocated quota. For the last few weeks, VSNL has dropped this practice and is automatically bouncing the messages. This is a dangerous trend since many times the boxes become full because a third party, may even be a spammer, dumps some mails into your box without your knowledge. Or you may be out of town for a few days and the mails could have accumulated. In these days when the "Space" on the virtual world doesn't  cost any significant amount, there is no reason why  VSNL  should start blocking further mails without a proper notice to the customer.

I would like the Netizens to therefore use this opportunity to raise the fundamental issue of declaring "E-mail" an essential service and stop the right of the ISP to bounce mails without adequate notice to the customer. Simultaneously, the procedure for "Authorised Eves dropping" has to be set up. Otherwise the ISP will be in danger of being accused of "hacking" into the "Virtual Conversation Space" which belongs only to the customer.

Naavi
Nov13, 2000 
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