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Abhijit Iyer-Mitra's arrested for 'derogatory' remarks: Many condemn Odisha govt's move

Arrest
Abhijit Iyer-Mitra was arrested for his alleged derogatory remarks against the Sun Temple and Odisha culture.
Security analyst and columnist Abhijit Iyer-Mitra was arrested on Tuesday for his alleged derogatory remarks against the Sun Temple and Odisha culture. The Commissionerate Police arrested Abhijit after hours of interrogation at an undisclosed location in Bhubaneswar. Police Commissioner Satyajit Mohanty said Abhijit was arrested in connection with a criminal case registered against him at Saheed Nagar Police Station on September 20. He has been booked under IP63C Sections 294, 295A, 153A, 500, 506 and Section 67 of the Information Technology Act. He also appeared before a House Committee of Odisha Assembly on Tuesday and tendered an unconditional apology for his derogatory remarks on legislators. The House panel, headed by leader of opposition Narasingh Mishra, asked Abhijit to re-appear on November 2 and submit an affidavit. "Abhijit Iyer-Mitra admitted to the charges levelled against him and offered an unconditional apology for his 'stupidity'. He has been directed to depose before the Committee and submit an affidavit in this regard," said Mishra. "After examining his affidavit, the panel will decide whether to accept his apology or not. Accordingly, the Committee will then recommend to the House to take action against him, if necessary," he said. Abhijit was questioned about the alleged breach of privilege. Many have condemned his arrest, terming it "a zone where freedom is in danger, and an "Orwellian nightmare". Dear Prime Minister @narendramodi, quite admirable that you are active on social media. So I am sure you are aware that in India one can get arrested, like my friend @Iyervval, for a tweet on the origin of Rasagola. That's the democracy & freedom we Indians enjoy under your govt. https://t.co/Hg9kd3pAAe — Aarti Tikoo Singh (@AartiTikoo) October 24, 2018 We're slipping into a zone where #freedom is in danger. It's outrageous that Abhijit Iyer-Mitra @Iyervval has been arrested by #Odisha Police on risible charges and denied bail. Please read and circulate my protest and appeal. Fight for your, his and everybody's liberty. #India pic.twitter.com/gbuHebzI8g — Kanchan Gupta (@KanchanGupta) October 24, 2018 Absurd, vindictive, to jail @iyervval for 14 days over a rosogolla-origin tweet. He's a shock-jock, but trawling through his year-old tweets to fuel specious outrage charges is an illustration of how much is wrong with India's FoE laws.https://t.co/TQZTh05PDW — Nilanjana Roy (@nilanjanaroy) October 24, 2018 .@Iyervval has been arrested by Odisha over a tweet about rasgolas. Read that again. Yes. Does this country have a reset button?https://t.co/wfBXqi5JgH — Kabir Taneja (@KabirTaneja) October 24, 2018 #AbhijitIyerMitra (@Iyervval) got arrested in Odisha for a conversation he had a year ago on SM about the origin of Rasogola! Yes, it's 2018 and you read it right, Rasagola. This is beyond bizarre!!https://t.co/ZGzeuI2fEy — Viju Cherian (@vijucherian) October 24, 2018 This is absurd, we are descending into some Orwellian nightmare. The man is known for his viciousness on social media but he can’t be targeted like this. https://t.co/nAkJqnwSpY — Rammanohar Reddy (@ramreddy) October 23, 2018 We are a banana republic. So much for India being a secular democracy . Shame ! #istandwithabhijit https://t.co/yhN95j5T4K — Naveen Suresh (@NavSuresh) October 24, 2018 This nonsense with @Iyervval has got to stop. His comments are often bigoted and silly and he knows it but mouthing off shouldn't be cause for arrest. Fighting over the origins of rasagola? How about over the success or otherwise of #MakeInIndia instead?https://t.co/EP4kxnYxmE — Jabin T Jacob 鄭嘉賓 (@jabinjacobt) October 25, 2018 He had earlier been summoned to appear before the panel on October 11, which he had skipped. He was summoned again to appear on October 23. Odisha Assembly Speaker Pradip Amat had on September 20 constituted a House Committee to probe the journalist's alleged derogatory remarks against the state and its lawmakers. Abhijit had on September 16 posted a video on Twitter criticising the Konark temple. Later, he went on to make the alleged derogatory remarks against Odisha and its culture. Two FIRs were registered against him at Konark and Saheed Nagar police stations for his remarks. Last month, the Odisha Police arrested the columnist in New Delhi for his anti-Odisha comments. However, he was given conditional bail by a local court in Delhi. Later, the Supreme Court rejected his bail plea saying his comments 'incited religious sentiments'. With IANS inputs




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The Terms They Are A-Changin'...: Watching Cloud Computing Contracts Take Shape


EXECUTIVE SUMMARY

Many web services are examples of cloud computing, from storage and backup sites such as Flickr and Dropbox to online business productivity services such as Google Docs and Salesforce.com. Cloud computing offers a potentially attractive solution to customers keen to acquire computing infrastructure without large up-front investment, particularly in cases where their demand may be variable and unpredictable, as a means of achieving financial savings, productivity improvements and the wider flexibility that accompanies Internet-hosting of data and applications.

The greater flexibility of a cloud computing service as compared with a traditional outsourcing contract may be offset by reduced certainty for the customer in terms of the location of data placed into the cloud and the legal foundations of any contract with the provider. There may be unforeseen costs and risks hidden in the terms and conditions of such services.

This document reports on a detailed survey and analysis of the terms and conditions offered by cloud computing providers.

The survey formed part of the Cloud Legal Project at the Centre for Commercial Law Studies (CCLS), within the School of Law at Queen Mary, University of London, UK. Funded by a donation from Microsoft, but academically independent, the project is examining a wide range of legal and regulatory issues arising from cloud computing. The project's survey of 31 cloud computing contracts from 27 different providers, based on their standard terms of service as offered to customers in the E.U. and U.K., found that many include clauses that could have a significant impact, often negative, on the rights and interests of customers. The ease and convenience with which cloud computing arrangements can be set up may lull customers into overlooking the significant issues that can arise when key data and processes are entrusted to cloud service providers. The main lesson to be drawn from the Cloud Legal Project’s survey is that customers should review the terms and conditions of a cloud service carefully before signing up to it.

The survey found that some contracts, for instance, have clauses disclaiming responsibility for keeping the user’s data secure or intact. Others reserve the right to terminate accounts for apparent lack of use (potentially important if they are used for occasional backup or disaster recovery purposes), for violation of the provider’s Acceptable Use Policy, or indeed for any or no reason at all. Furthermore, whilst some providers promise only to hand over customer data if served with a court order, others state that they will do so on much wider grounds, including it simply being in their own business interests to disclose the data. Cloud providers also often exclude liability for loss of data, or strictly limit the damages that can be claimed against them – damages that might otherwise be substantial if a failure brought down an e-commerce web site.

Although in some U.S. states, in E.U. countries and in various other jurisdictions the validity of such terms may be challenged under consumer protection laws, users of cloud services may face practical obstacles to bringing a claim for data loss or privacy breach against a provider that seems local online but is, in fact, based in another continent. Indeed, service providers usually claim that their contracts are subject to the laws of the place where they have their main place of business. In many cases this is a US state, with a stipulation that any dispute must be heard in the provider’s local courts, regardless of the customer’s location.

Perhaps the most disconcerting discovery of the Cloud Legal Project’s survey was that many providers claimed to be able to amend their contracts unilaterally, simply by posting an updated version on the web. In effect, customers are put on notice to download lengthy and complex contracts, on a regular basis, and to compare them against their own copies of earlier versions to look for changes.

The cloud computing market is still developing rapidly, and potential cloud customers should be aware that there may be a mismatch between their expectations and the reality of cloud providers' service terms, and be alive to the possibility of unexpected changes to the terms.

Downloads

Authors

  • Simon Bradshaw
  • Christopher Millard
  • Ian Walden
Image Source: Natalie Racioppa