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Saturday, March 29, 2014

DEMOCRATIZATION OF INTERNET

To reach another person on the internet you have to type an address into your computer - a name or a number. That address has to be unique so computers know where to find each other. Internet Corporation for Assigned Name and Numbers(ICANN) was formed in 1998. It is a not-for-profit public-benefit corporation with participants from all over the world dedicated to keeping the internet secure, stable and inter-operable. It promotes competition and develops policy on the Internet's unique identifiers. ICANN doesn't the control content on Internet. It cannot stop spam and it doesn't deal with access to the Internet. But through its coordination role of the Internet's naming system, it does have an important impact on the expansion and evolution of the Internet.

What is domain name system(DNS)?
    The domain name system, or DNS, is a system designed to make the Internet accessible to human beings. The main way computers that make up the Internet find one another is through a series of numbers, with each number (called an "IP address") correlating to a different device. However it is difficult for the human mind to remember long lists of numbers so the DNS uses letters rather than numbers, and then links a precise series of numbers, with each number (called an "IP address") correlating to a different device. However it is difficult for the human mind to remember long lists of numbers so the DNS uses letters rather than numbers, and then links a precise series of letters with a precise of numbers.
    The end result is that ICANN's website can be found at "icann.org" rather than "192.0.34.163" - which is how computers on the network know it. One advantage to this system - apart from making the network much easier to use for people - is that a particular domain name does not have to be tied to one particular computer because the link between a particular domain and a particular IP address can be changed quickly and easily. This change will then be recognized by the entire Internet within 48 hours thanks to the constantly updating DNS infrastructure. The result is an extremely flexible system. 
     A domain name itself comprises two elements: before and after "the dot". The part to the right of the dot, such as "com", "net", "org" and so on, is known as a "top-level domain" or TLD. One company in each case (called a registry), is in change of all domains ending with that particular TLD and has access to a full list of domains directly under that name, as well as the IP addresses with which those names are associated. The part before the dot is the domain name that you register and which is then used to provide online systems such as websites, email and so on. These domains are solid by a large number of "registrars", free to charge whatever they wish, although in each case they pay a set per-domain fee to the  particular registry under whose name the domain is being registered. ICANN draws up contracts with each registry. It also runs an accreditation system for registrars. It is these contracts that provide a consistent and stable environment for the domain name system, and hence the Internet. 


Wednesday, March 26, 2014

AFSPA { Armed Force( Special Power) Act.}

The Armed Force (Special Powers) Act. (AFSPA) was passed in september 11,1958, by the Parliament of India. It was first applied to the North Eastern states of Assam and Manipur and was amended in 1972 to extend to all the seven states i.e. Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura. It was later extended to Jammu and Kashimir as the Armed Forces ( Jammu and Kashmir) Special Powers Act, 1990 in July 1990.

The AFSPA gives the armed forces wide powers to shoot, arrest and search, all the name of "aiding civil power." An officer is entitled to "fire upon or otherwise use forde, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area, prohibiting the assembly of weapons or of things capable of being used as weapons of of fire-arms, ammunition or explosive substances."

Contentions:- 
    The AFSPA becomes controversial law because of its certain provisions over which contentions raise among the civil society. Firstly, it makes no distinction between a peaceful gathering of five or more people and a mob. So, even innocents - who have no role in creating a situation that results in that region being called 'disturbed', also come under the purview of the law and become victim of it. Second, it gives Army officers legal immunity for their actions. Third, declaring an area as a 'disturbed area'. It is entirely on the central and the state governments to decide whether an area should be declared as 'disturbed' or not. 

It violates certain laws under which an individual gets legal immunity like Article 21 - Right to life, Artical 22-Protection against arrest and detention, CrPc, Military's Immunity / Lack of Remedies, The Army Act, States of Emergency. The AFSPA, by its form and in its application, also violates international laws viz. the Universal Declaration of Human Rights (the "UDHR"), the International Covenant on Civil and Political Rights (the"ICCPR"), the Convention Against Torture, the UN Code of Conduct for Law Enforcement Officials, the UN Body of Principles for Protection of All Persons Under any form of Detention, and the UN Principals on Effective Prevention and Investigation of Exctra- legal and summary executions. 

It must be at a bare minimum complied with international law and Indian law standards. This means the powers to shoot to kill under section 4(a) must be unequivocally revoked. Arrested must be made with warrants. Section 5 should clearly state that persons arrested under the Act are to be handed over to the police within twenty-four hours. Section 6 should be completely repealed so that individuals who suffer abuses at the hands of the security forces may prosecute their abusers. Moreover, the definition of key phrases, especially " disturbed area" must be clarified. The declaration that an area is disturbed should not be left to the subjective opinion of the Central or State Government. It should have an objective standard which is judicially review-able.   All personnel acting in a law enforcement capacity should be trained according to the UN Code of Conduct for law enforcement personnel.

If the Indian Government truly believes that the only way to handle the governance of the disturbed states is through AFSPA then it must bring aforesaid reforms in the Act. So that it could address the human right violation cases effectively.