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Deepak Kumar Vasudevan ((Confidential))     15 September 2010

YouTube not obliging to reporting of p0rn videos

The other day whilst sharing a personal collection video in YouTube, the video's autosuggestions were bringing out a few p0rnographic videos. Some of p0rnographic videos has so much illwill against Indian women.

It is clearly evident that such p0rnographic videos are in direct violation of https://www.youtube.com/static?gl=US&template=terms (Section 7 B) besides a gross violation of Indecent Representation of Women (Prohibition) Act, 1986. [A copy has been attached along with this note]

Can some one guide me how to escalate this issue? Wrote to the https://wcd.nic.in/ but they are not demonstrating a gross misdemeanour of callous attitude towards this grievous issue.



 11 Replies

Parthasarathi Loganathan (Advocate)     19 September 2010

Please try to trap the URL of the link and lodge a complaint to the cyber cell.  You can seek expert guidance from cyberlawsociety.

Deepak Kumar Vasudevan ((Confidential))     19 September 2010

How to contact cyberlawsociety? Where is this entity in India? Did you mean any cyber lawyers group?

Democratic Indian (n/a)     19 September 2010

Please also determine the following before jumping to any conclusions:

1) You have hosted your "personal video" collection by agreeing to the "terms and conditions" of user agreement of youtube by initiating TCP connection to their servers in USA, using your computer when you created an account with them. Is youtube in violation of any  "terms and conditions" of user agreement by showing auto suggestions?

2) Yuotube servers are located in USA(their content is governed by the laws applicable in USA). You are  initiationg a TCP connection from your computer to youtube servers under "terms and conditions" of user agreement and then using your browser to send http requests over tcp to youtube servers in USA and pulling the content into your computer in India and under no circumstances youtube server is initiating TCP connections to your IP(computer) and starting the transaction to push any content into your computer.

3) The jursisdiction of Indecent Representation of Women (Prohibition) Act, 1986 etc. etc. is only in territory of India, excluding J&K. If in spite of being aware that the content is illegal as per Indian laws,  you are accessing such servers and clicking the mouse and fetching content into jurisdiction of Indian laws, you are in violation of Indian laws and not the youtube.

Hence please avoid pulling any such content to your computers,  which is illegal in Indian jurisdiction, but same content on foreign servers which is perfect in their jurisdictions.

Vishwa (translator)     20 September 2010

If you are offended by p*rn content, stop using youtube, go to the nearest temple and start doing bhajans.

Deepak Kumar Vasudevan ((Confidential))     20 September 2010

Let us not back off on seeing a p0rn content rather we would take the proactive stand in eliminating it from the face of the earth.

Democratic Indian (n/a)     20 September 2010

"Let us not back off on seeing a p0rn content rather we would take the proactive stand in eliminating it from the face of the earth."

What is p*rn and what is not p*rn is a very subjective matter, varying from individual to individual, varying from time to time, varying from place to place, varying from culture to culture, varying from society to society, varying from country to country. Your opinion to "elimante it from face of earth" is very subjective based on our personal opinion/s rather than being objective. If it is perfectly legal in other countries to observe p*rn as per their laws, how can you take away the choices of those people and impose your choices on them.

1) I have clearly explained in my previous post above how the content from servers is pulled by actions of users under their free will and volition into their computers including yourself. Nobody is forcing anybody to visit any site or view anything. BUT forcing anyone to, not to visit any site or not to view something is violation of the fundamental rights of free people living in a free country.

2) You have no right to force other people  what they should see or what they should not see in the privacy of their homes. Their rights are guaranteed by our Constitution. They are not violating anyones rights by seeing any content in privacy of their homes. For example: In privacy of their bedroom, an adult couple have full rights to see whatever they want to boost their s*xual life and pleasure. Under no cirmcumstances you get any wholesale rights to violate their rights in privacy of their homes, under any color of pretext, however grand and noble it might appear to you.

3) Nobody is preventing you to configure your computerin any way you want, for any of your subjectve pursuits. Nobody is preventing you to install any software to block any kind of content in your computer. Nobody is preventing you from closing your account with youtube or any website for that matter. Nobody is preventing you to decide as per your free will and volition about not to visit any website. If you are offended by internet, nobody is preventing you to disconnect your computer from internet as and when you want, how many times you want.

Just as you are free to choose your actions out of YOUR OWN FREE choice, I too would like to be able to make the CHOICE, not have someone else force his/ her/ their choices on me - that is called FREEDOM and without FREEDOM we are just like monkeys in the zoo.

2 Like

Vishwa (translator)     21 September 2010

Democratic Indian has put it quite well. The issue is not whether p*rn is good or bad. Issue is that of Freedom of Speech on the Internet. We should all fight for this principle. Otherwise, we will be at the mercy of media barons, who will intensify the brainwashing that is already going on.

Vishwa

25 years on the Net

2 Like

Deepak Kumar Vasudevan ((Confidential))     21 September 2010

Dear Viswa,

I support your view that we should fight against the Internet Censorship. Internet Censorship truly stifles freedom of expression in more ways than one. 

Coming back to the p0rn discussion a little more homework into the issue reveals that certain ISPs have a terms of service that their service should not be used in accessing p0rn websites however the enforcement is not there. 

Democratic Indian (n/a)     21 September 2010

"Otherwise, we will be at the mercy of media barons, who will intensify the brainwashing that is already going on."

We will not only be at the mercy of the media barons, but also at the mercy of the government, who will be deciding what is good or bad for us to see, read etc., like zookeepers for monkeys in the zoo, with hidden aim to further its agenda of brainwashing the public and hiding the truth.

"certain ISPs have a terms of service that their service should not be used in accessing p0rn websites however the enforcement is not there. "

Please do not ignore the fact that no ISP has any rights to violate your fundamental rights. Any  "Terms of Service" clauses that are in violation of the Constitutionaly guaranteed fundamental rights, cannot supersede your fundamental rights. Hence it is not surprising why we find the lack of enforcement of such TOS. Even courts will not support such clauses which talk about indirectly violating fundamental rights.

"Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience." - C. S. LEWIS

Vishwa (translator)     22 September 2010

The ISPs in India provide in any case a very poor quality of service. They can block content according to their wish, for example some of them are throttling torrent downloads. There is very little one can do about this in practical terms. However, it is always possible to change your ISP. Thank the powers that be for these small mercies. But we are blessed even more in that there is not much choice.

 

Vishwa

Democratic Indian (n/a)     22 September 2010

I have BSNL broadband, did not face such problems till now. It is easier to deal with BSNL than private players. With BSNL you can do RTI and ask if any of your TCP port speed throttled etc. etc., if yes under which order/law etc.

Private ISPs are more likely to play games with their customers. But also majority of network performance problems occur in or near the users’ desktop/laptop computer, problems also include created by security software, lack of adequate free system resources, router/firewalls.

You can run the tests like Glasnot, ICSI Netanalyser, NNMA etc. from https://www.eff.org/testyourisp

Following is also a good reading https://ssd.eff.org/

For checking complete port blocking by your ISP you can do the check yourself by running online port tests to see if certain ports are blocked, before running the tests set your router/firewall to do logging and see what it is blocking specifically. Websites that offer port scan https://www.grc.com/x/ne.dll?bh0bkyd2 https://www.canyouseeme.org/


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