Singapore – Personal Data Protection Law Is Enacted

The Singapore Government has passed the Personal Data Protection Act 2012  (PDPA) which provides for the first time in Singapore for the protection of personal data (PD) and the setting up of a Do-Not-Call regime.  After several rounds of extensive public consultation, the PDPA was read in Parliament for the final time on 15 October 2012 and passed. According to the Government, the PDPA is likely to come into effect in early 2013.

The PDPA will govern the collection, use and disclosure of PD by organisations in a manner that recognises both the right of individuals to protect their PD and the need to collect, use or disclose PD for purposes that a reasonable person would consider appropriate. 

One of the main objectives of the PDPA is to position Singapore as a hub for global data management and cloud computing. It is intended that the PDPA should provide a baseline law that operates in tandem with more stringent sectoral regulations. The PDPA is not intended to be burdensome for businesses but will curb excessive and unnecessary collection of an individual’s data by organizations.  The PDPA also establishes a Do-Not-Call registry for individuals who do not wish to receive marketing messages in specified forms.

The PDPA will be administered by the Personal Data Protection Commission (PDPC). The PDPC will enforce the law but will also undertake outreach and educational activities relating to the PDPA.

The PDPA is divided into two parts: (i) data protection and (ii) the Do-Not-Call regime.

Data Protection – Scope of coverage of the PDPA

i. Types of data covered – PDPA applies to data, whether true or not, about an individual who can be identified – (a) from that data, or (b) from that data and other information to which the organization has or is likely to have access. The definition applies to all types of data, whether electronic or not. The PDPA will be consistently applied across all types of PD – including health, employment and financial standing data.

ii. Who the PDPA applies to – The PDPA applies to all private sector organizations, large or small. It also applies to individuals who are using the data other than for domestic or personal use.

iii. Who the PDPA does not apply to – The PDPA will not apply to public agencies or organisations acting on behalf of a public agency in relation to the collection, use or disclosure of PD. The rationale for this exclusion is that the public sector has its own set of rules. The rules on data protection also do not apply to individuals acting in a personal capacity.

iv. Both Singapore-based & overseas organisations covered – The PDPA will apply to organisations in Singapore and those that are engaged in data collection, processing or disclosure of data of individuals within Singapore, even if the organisation is not physically located in Singapore. 

Exclusions

i. General exclusions – The full DP obligations do not apply to:

a. Data intermediaries will only have to comply with the safeguarding and retention obligations under the PDPA.  A data intermediary is an organisation which processes person data on behalf of another organisation, but does not include an employee of that other organisation.  In contrast, data controllers, which are organisations with control of the data, will have to comply with all provisions;

b. Business contact information is excluded. Business contact information is defined as an individual’s name, position name or title, business telephone number, address, e-mail or fax number and other similar information.  

c. PD pertaining to deceased individuals, except provisions on disclosure and protection if the individual has been dead for 10 years or fewer; and

d. PD contained in a record in existence for at least 100 years;

ii. Privacy Officer – Organisations will need to designate at least one individual to be responsible for compliance with the PDPA and to answer queries on DP practices.

iii. Rules on the collection, use and disclosure of PD

a. Collection of PD necessary for supply of products or services – Under the PDPA, organisations are prohibited from requiring an individual to consent to the collection, use or disclosure of PD as a condition of supplying the product or service, beyond what is reasonable to provide that product or service.

b. Consent – An organisation is required to obtain an individual’s consent for the collection, use or disclosure of that individual’s PD. The PDPA does not prescribe the manner in which consent may be given. Organisations seeking consent would need to notify individuals of the purposes for the collection, use or disclosure of PD. These purposes should be purposes that a reasonable person would consider appropriate in the circumstances.  They should not be overly broad. In some cases, consent will be deemed.  An individual is deemed to have given consent if that person voluntarily provides that PD for a purpose and it is reasonable that individual would voluntarily provide the data. If an individual gives, or is deemed to have given consent to the disclosure of PD by one organization to another for a particular purpose, the individual is deemed to consent to the collection, use and disclosure by that other organisation for the same purpose. Individuals have a right to withdraw consent at any time. However, in relation to PD already in an organisation’s possession, withdrawal of consent would only apply to the organisation’s prospective use or disclosure of the PD.

c. Collection, use and disclosure of PD without consent 

The PDPA allows for the collection, use and disclosure of PD without consent in specific circumstances.

These circumstances include, but are not limited to, collection, use and disclosure of PD:

(a) that is publicly available;

(b) for any necessary purpose that is clearly in the interest of the individual;

(c) for beneficiaries of insurance policies and trusts, and for investigative purposes;

(d) for a business asset transaction;

(e) for artistic or literary purposes;

(f) for news activities;

(g) for research purposes;

(h) for evaluative purposes; and

(i) for creating a credit report, if the collection is done by a credit bureau or bank.

The exclusion of publicly available information is likely to assist organizations that glean PD from such sources and to not limit activities performed in public, such as the taking of photographs in public places.

d. Purpose – The collection of PD must be for reasonable purposes and fulfill the purposes that the organization discloses. Although it is good practice for organisations to explain why it is reasonable to collect PD and specify details of how it will be shared, this is not mandatory.

Organisations are required to seek fresh consent if the PD is used for different purposes.

e. Specific types of data – The PDPA is a baseline regulation, and sectoral agencies that determine how to deal with specific types of data, such as children’s PD, medical data and financial data will be able to put into place stronger protection. These sectoral laws will continue to apply.

f. Transfers of data out of Singapore – For transfers of PD outside Singapore, an organisation can only make such transfers if it ensures that organisations overseas maintain a standard of protection comparable to the protection under the PDPA.  It is likely that this can be fulfilled in a number of ways, including contractual arrangements and binding corporate rules.

iv. Rules on access and correction

Access – Generally, upon the request of an individual, the organisation should take steps to assist the individual in obtaining his PD, provide the individual with information about the ways in which the PD has been used and provide the individual with the names of the individuals and organisations to whom the PD has been disclosed.

Correction – Organisations should take steps to correct any inaccurate data at the request of the individual, if the data is in the possession of the organisation or under its control. Such corrected data should also be sent to any other organisations to which the PD was disclosed within a year before the date the correction was made.

Organisations will be allowed to charge a reasonable fee to recover any costs incurred in allowing individuals to access and correct data on a cost recovery basis.

There are circumstances where organisations would not be required to provide individuals access to certain PD:

- where the PD would reveal confidential commercial information, which could harm the competitive position of an organisation;

- PD subject to legal professional privilege; and

- PD collected or created by a mediator or arbitrator

Organisations can also refuse requests for PD where the requests would unreasonably interfere with operations because of repetitious or systematic requests, or which are frivolous or vexatious.

v. Rules on accuracy, protection and retention of PD

Accuracy – Organisations will be required to make a reasonable effort to ensure that PD collected by or on behalf of the organisation is reasonably accurate and complete, if the PD is likely to be used by the organisation to make a decision that affects the individual to whom the PD relates, or is likely to be disclosed by the organisation to another organisation.

Protection – Organisations will be required to protect PD in its possession or under its control, by making reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or other similar risks. This obligation will apply to data intermediaries as well.

Retention – An organisation must not retain PD or remove means by which the PD can be associated with particular individuals, as soon as it is reasonable to assume that (a) the purpose for collecting the data is no longer being served by retention and (b) retention is no longer necessary for legal or business reasons. This obligation will also apply to data intermediaries.

Enforcement

The PDPA adopts a complaints-based approach to enforcement. The PDPC will review the actions of organizations brought to its attention and issue decisions for compliance.  Financial penalties of up to S$1 million may be imposed.  There is however no breach notification requirement under the PDPA.

There is also a private right of action available under the PDPA for individuals who have suffered damages as a result of a breach.

Do Not Call (DNC) Registry

Introduction – The DNC Registry will allow individuals to register to opt-out of receiving marketing messages in the form of voice calls, text messages, including SMS and MMS, and fax messages. Email and post are not included as unsolicited email is regulated by the Spam Control Act and can also be blocked by filters. Specified messages sent without the use of telephone numbers (such as messages sent through cell broadcast) will also be excluded from the ambit of the DNC Registry.

Separate DNC registries for voice, SMS and fax will be set up and individuals can opt out and register at any one or all these registries.

Application – The DNC Registry provisions will apply to marketing messages addressed to a Singapore telephone number where the sender is in Singapore when the message is sent or when the recipient is in Singapore when the message is accessed.

Marketing messages – Where one of the purposes of a message is to offer to supply, advertise or promote goods or services, or to promote the suppliers or prospective suppliers of goods and services, that message would be considered a marketing message.

Non-marketing messages – Messages without marketing elements, such as messages promoting political or charitable causes, messages soliciting donations, market research messages and messages that promote national programmes of a non-commercial nature would not be considered marketing messages.

Business numbers – Business numbers can be registered under the DNC Registry, but messages sent to organisations for any purpose of the receiving organisations are not considered marketing messages. This means owners of business numbers will not be able to prevent B2B marketing, but organisations cannot send messages to a business number registered on the DNC to market products or services to individuals. This balance seeks to mitigate the impact on B2B transactions whilst preserving the right of individuals not be reached at business numbers for personal marketing purposes.

Explicit consent – Organisations can nevertheless send specified messages to individuals who have registered their numbers on the DNC Registry if that organisation has obtained explicit consent from the individuals.

The DNC obligations will apply to organisations that outsource their promotion or advertising functions to other organisations if they are found to authorise that other organisation’s acts.

“Filtering” of DNC lists – Organisations will need to send their database for a campaign to the DNC Registry for “filtering” within 60 days (for the first 6 months and eventually for 30 days) of the campaign in order to confirm whether any Singapore telephone number is listed on the registers.

Penalty and enforcement regime – Penalties will be capped at $10,000 per breach and up to $1,000 in composition fines. A Data Protection Commission will also have the power to require the cooperation of telecommunication licensees in the investigation of whether an organisation has breached the DNC Rules.

Implementation Framework

The PDPA is likely to come into effect in January 2013. The Singapore Government will establish the Data Protection Commission and issue Guidelines from about March 2013 to assist organisations’ in their efforts to comply with the PDPA.

Transitional provisions – The data protection obligations in the PDPA will be effective 18 months after the PDPA comes into effect and the sunrise period will apply equally to small and large companies alike. The DNC Registry however will be implemented earlier, 12 months after the PDPA comes into effect. 

Existing PD – Organisations will be allowed to use PD collected before the day of commencement of the PDPA for purposes for which the data was collected unless consent for such use is withdrawn. However, obligations relating to safekeeping and retention of such PD will apply.

The PDPA will not invalidate existing contractual agreements for the use of customers’ PD. However, fresh consent would need to be obtained for new uses of existing PD. Where consent was not previously obtained, individuals may require organisations to stop using the PD by indicating that they do not consent to such use.

Conclusion

The PDPA marks a milestone in providing some form of protection for individuals’ PD in Singapore notwithstanding the exclusion of public agencies from the law.  It is intended to be a baseline law without stringent requirements such as breach notification. The PDPA is seen as an important step in attracting more data centres and data analytics businesses to set up operations in Singapore and to regulate the flow of data, even as Singapore positions itself as a regional data hub. The DNC aspects of the law will provide challenges for the direct marketing industry and B2C marketing across a wide range of industries but is likely to have less of an impact on compliance costs after the initial period of compliance. Overall, the PDPA provides a regime that can boost Singapore’s attractiveness to companies as a business hub in Asia.

Why this Arranged kolaveri D?

Says Sali in “Yahoo Answers” as below

I disagree with arranged marriages, because when I was 18 I was being forced to marry. I refused as I didn't want to marry a guy who I didn't know. 

I ended up running away from home and needless to say I was disowned by my family.

It was a tough and lonely time but I at least have my freedom and am engaged to a great guy who I chose and love. 

Arranged marriages rarely work, some may do by chance or if the individuals involved got some say in who they married. The people who support these marriages turn a blind eye to the fact that divorce is frowned upon in their culture, so couples remain unhappily together while the husband cheats - I’ve known of many marriages where the husband cheats quite openly, the wife accepts it as divorce would leave them destitute and in shame. So that's why the divorce rate is low.

You can't force two people to fall in love with each other, it's unfair and an infringement of their human rights to find their own partner.

So the whole concept of arranged marriages is abhorrent to me and is very outdated.

The girl above is just plain lucky to have found someone who loves her so deeply and she has the confidence that he will take care of her forever. I do not totally agree with what Sali has to say but I do understand her point of view. Like her I too am always surprised at the beauty or shall we say miraculous effect of an arranged marriage. How does it work? Why do people make it work? What is it in an arranged marriage that both husband and wife stay bound to each other in spite of the lack of love…”love” at least as we see it in modern day.

In most cases of arranged marriage, u will be surprised to know that there is no exchange of the three golden words “I love you” ever in an entire life time. But do words hold more importance than actual practice. I believe not…though the parents search for the spouse for their kids, they do it with their kids in mind and in almost all cases (at least in the cities) with their consent.

This culture of arranged marriage may seem strange for the western world but for the Indian subcontinent, it is routine and it works well because here the parents take care of their children until they are alive…the parents-kids bond is so strong that major decisions in life are taken together by parents and kids and irrespective of love or arranged marriage taking each other’s consent becomes imperative…

But my ramblings might sound like a contradiction as it started off by questioning the actual institution of arranged marriage. Sometimes there may be compromise in the beginning of an arranged marital life, but where is it that there is no compromise…in fact in love marriages compromises start even before the actual marriage happens because the ones in love need to please the families of their partner and behave in accordance with each other’s family values and traditions.

According to me, there are only  two kinds of marriages…contrary to popular belief they are not love and arranged!!!

But they are:

[A] marriages with love in it          &         [B] marriages without love in it.  

Those marriages with love in it will survive the test of time and those without will not…it hardly matters whether it was an arranged or love marriage!!!

But I leave you with a question for which the answer will follow in part 2 to this …

“Do people who cannot select a bride / groom for themselves use this arranged marriage system to hook themselves up AND are some people who are ineligible for marriage on various counts exploiting this arranged marital system to their advantage and in turn spoiling lives of their spouses?

To be continued…

Nearly four hundred years after his death, Shakespeare’s relevance remains as fresh today as when he first penned his work.  He has held up his mirror of truth to love, marriage and death; to politics, money and murder; and to family, betrayal and madness.

His insight, both great and timeless, provides us in the world of business with many-a-lesson too.

Here are my 15 favourites (collated over some time):

1. To entrepreneurism:
“Be not afraid of greatness; some are born great, some achieve greatness and some have greatness thrust upon them”
Twelfth Night

2. To versatility:
“All the world’s a stage, and all the men and women merely players; And one man in his time plays many parts.”
As You Like It

3. To intelligence and discretion:
“Give every man thy ear, but few thy voice”
Hamlet

4. To time-building and leadership:
“We few, we happy few, we band of brothers”
Henry V

5. To timing and strategy:
“There is a tide in the affairs of men.Which, taken at the flood, leads on to fortune”
Julius Caesar

6. To making your own luck:
“Our remedies oft in ourselves do lie,Which we ascribe to Heaven.”
All’s Well That Ends Well

7. To post action review:
“Whereof what’s past is prologue; what to come,In yours and my discharge.”
The Tempest

8. To avoiding “yes men”:
“I have no spur to prick the sides of my intent, but only vaulting ambition, which o’erleaps itself, And falls on th’other. . . .”
Macbeth

9. To effective communication:
“brevity is the soul of wit”
Hamlet

10. To triumphing from failure:
“Sweet are the uses of adversity”
As You Like It

11. To holding firm:
“I’ll answer him by law. I’ll not budge an inch”
The Taming of the Shrew

12. To avoiding corporate/technical bullshit:
“We work by wit, not by witchcraft”
Othello

13. To walking-the-walk:
“The force of his own merit makes his way”
Henry VIII

14.  To loving what you do:
“To business that we love we rise betime and go to it with delight”
Anthony and Cleopatra

15.  To taking time to get it right first time:
“Too swift arrives as slow as too tardy”
Romeo and Juliet

Why do top talent leave a corporate?

Top talent leave an organization when they’re badly managed and the organization is confusing and uninspiring.*

1. Big Company Bureaucracy. This is probably the #1 reason we hear after the fact from disenchanted employees. However, it’s usually a reason that masks the real reason. No one likes rules that make no sense. But, when top talent is complaining along these lines, it’s usually a sign that they didn’t feel as if they had a say in these rules. They were simply told to follow along and get with the program. No voice in the process and really talented people say “check please”.

2. Failing to Find a Project for the Talent that Ignites Their Passion. Big companies have many moving parts — by definition. Therefore, they usually don’t have people going around to their best and brightest asking them if they’re enjoying their current projects or if they want to work on something new that they’re really interested in which would help the company. HR people are usually too busy keeping up with other things to get into this. The bosses are also usually tapped out on time and this becomes a “nice to have” rather than “must have” conversation. However, unless you see it as a “must have,” say adios to some of your best people. Top talent isn’t driven by money and power, but by the opportunity to be a part of something huge, that will change the world, and for which they are really passionate. Big companies usually never spend the time to figure this out with those people.

3. Poor Annual Performance Reviews. You would be amazed at how many companies do not do a very effective job at annual performance reviews. Or, if they have them, they are rushed through, with a form quickly filled out and sent off to HR, and back to real work. The impression this leaves with the employee is that my boss — and, therefore, the company — isn’t really interested in my long-term future here. If you’re talented enough, why stay? This one leads into #4….

4. No Discussion around Career Development. Here’s a secret for most bosses: most employees don’t know what they’ll be doing in 5 years. In our experience, about less than 5% of people could tell you if you asked. However, everyone wants to have a discussion with you about their future. Most bosses never engage with their employees about where they want to go in their careers — even the top talent. This represents a huge opportunity for you and your organization if you do bring it up. Our best clients have separate annual discussions with their employees — apart from their annual or bi-annual performance review meetings — to discuss succession planning or career development. If your best people know that you think there’s a path for them going forward, they’ll be more likely to hang around.

5. Shifting Whims/Strategic Priorities. I applaud companies trying to build an incubator or “brickhouse” around their talent, by giving them new exciting projects to work on. The challenge for most organizations is not setting up a strategic priority, like establishing an incubator, but sticking with it a year or two from now. Top talent hates to be “jerked around.” If you commit to a project that they will be heading up, you’ve got to give them enough opportunity to deliver what they’ve promised.

6. Lack of Accountability and/or telling them how to do their Jobs. Although you can’t “jerk around” top talent, it’s a mistake to treat top talent leading a project as “untouchable.” We’re not saying that you need to get into anyone’s business or telling them what to do. However, top talent demands accountability from others and doesn’t mind being held accountable for their projects. Therefore, have regular touch points with your best people as they work through their projects. They’ll appreciate your insights/observations/suggestions — as long as they don’t spill over into preaching.

7. Top Talent likes other Top Talent. What are the rest of the people around your top talent like? Many organizations keep some people on the payroll that rationally shouldn’t be there. You’ll get a litany of rationales explaining why when you ask. “It’s too hard to find a replacement for him/her….” “Now’s not the time….” However, doing exit interviews with the best people leaving big companies you often hear how they were turned off by some of their former “team mates.” If you want to keep your best people, make sure they’re surrounded by other great people.

8. The Missing Vision Thing. This might sound obvious, but is the future of your organization exciting? What strategy are you executing? What is the vision you want this talented person to fulfill? Did they have a say/input into this vision? If the answer is no, there’s work to do — and fast.

  

9. Lack of Open-Mindedness. The best people want to share their ideas and have them listened to. However, a lot of companies have a vision/strategy which they are trying to execute against — and, often find opposing voices to this strategy as an annoyance and a sign that someone’s not a “team player.” If all the best people are leaving and disagreeing with the strategy, you’re left with a bunch of “yes” people saying the same things to each other. You’ve got to be able to listen to others’ points of view — always incorporating the best parts of these new suggestions.

10. Who’s the Boss? If a few people have recently quit at your company who report to the same boss, it’s likely not a coincidence. We’ll often get asked to come in and “fix” someone who’s a great sales person, engineer, or is a founder, but who is driving everyone around them “nuts.” We can try, but unfortunately, executive coaching usually only works 33% of the time in these cases. You’re better off trying to find another spot for them in the organization — or, at the very least, not overseeing your high-potential talent that you want to keep.

It’s never a one-way street. Top talent has to assume some responsibility as much as the organization. However, with the scarcity of talent — which will only increase in the next 5 years — Smart Organizations are ones who get out in front of these ten things, rather than wait for their people to come to them, asking to implement this list.

1) Create an organization where those who manage others are hired for their ability to manage well, supported to get even better at managing, and held accountable and rewarded for doing so.

2) Then be clear about what you’re trying to accomplish as an organization – not only in terms of financial goals, but in a more three-dimensional way. What’s your purpose; what do you aspire to bring to the world? What kind of a culture do you want to create in order to do that?  What will the organization look, feel and sound like if you’re embodying that mission and culture?  How will you measure success?  And then, once you’ve clarified your hoped-for future, consistently focus on keeping that vision top of mind and working together to achieve it.

I’ve worked with client organizations that do those two things, and people stay and thrive.  I’ve worked with and observed client organizations that don’t – and it’s a revolving door.  And that’s true at all levels – not just for “top talent.”

It’s fascinating to me: Why don’t more CEOs and their teams make sure these two things happen in their organizations?  What do you think?

* It is a compilation of the analysis done by Erika Andersen and Erick Jackson from Forbes.com.  

Employee benefits and corporates - a compilation!

For many of us, the most important factor in considering a job offer is salary. For others, job security is of primary importance. Also high on the list of considerations are benefits and perks. When considering perks, the desire to work in a comfortable, casual environment where employees can set their own work schedule, have an option to telecommute, and where there is a casual dress code, are all important. For many of us, the most important factor in considering a job offer is salary. For others, job security is of primary importance. Also high on the list of considerations are benefits and perks. When considering perks, the desire to work in a comfortable, casual environment where employees can set their own work schedule, have an option to telecommute, and where there is a casual dress code, are all important.

Typical Employee Benefit Packages

According to the US Bureau of Labor Statistics the average number of annual paid holidays is 10. The average amount of vacation days are 9.4 after a year of service. Almost half the (medium and large) employers surveyed offered either a defined benefit or a defined contribution pension plan. About 75% offered health insurance but, almost as many, required some employee contribution towards the cost. It's not hard to look at the averages and see how your employer or your job offer measures up. What complicates matters is the increasing use of bonuses, perks and incentives by employers to recruit and retain employees. Look at the companies rated the best places to work and you'll discover many offer health club memberships, flexible schedules, day care, tuition reimbursement, and even on-site dry cleaning.

Surveys have found 65 percent of employers believe that perks help to attract employees. The average number of perks offered by companies range from 3.38 perks at the smallest employers to 5.20 perks at firms with over 5000 employees. A sure sign that employers are paying attention to the importance of added benefits is the fact that the most frequently offered perks mirror the most frequently desired perks - casual dress and flexible work hours. Some companies even offer a few options that I wasn't aware of on the list including bringing your pet to work, concierge services and take home meals.

How to Evaluate Perks

As you can see there is no standard list of perks that you can measure your job offer against. What you'll need to do is evaluate each offer on its merits - the salary, the benefits and the perks, and determine how those perks will benefit you. If you don't plan on having children for a while or if your children are grown, it's not that important whether on-site child care is offered. Parents should check to see if the company provides paid time-off if your child is sick. It's a benefit none of us couldn't have done without when our son or daughter is/was a baby!

If you absolutely have to work-out every day, look for employers who offer a gym membership. Not a morning person? Ask about flexible hours. Can't stand wearing a suit? Ask about dress code. And it is important to ask, not all perks will be offered to all employees nor will they be mentioned during an interview. Consider which perks would complement your life style and your needs and choose accordingly.

Love - can't live without it!!!

Love is the superior power of the universe. Love is unconditional. Love is never-ending. Love is patient. Love is kind. Love is healing power. Love heals all things.

The world needs love. People need love. Children need love, especially in their formative years. They need the love of parents. They need the love of siblings. They need the love of community. They need love so they may grow up to be the leaders of tomorrow.

Love gives them peace. Peace gives them courage. Courage gives them hope. Hope gives them imagination. Imagination gives them dreams. And dreams give them the ability to create positive change. Without love, there is nothing.

If you think the future begins tomorrow, you’re wrong. The future has already begun.

Love and serve humanity...one individual at a time.

Love and compassion are necessities, not luxuries. Without them humanity cannot survive. 

Love ya all!!!!

D

What is US up to on Online Copyright Protection?

Wikipedia has blacked itself out. Google is doing its bit. So are numerous other sites. Please see below the lowdown on the draconian internet law, which if passed, will change the face of the internet.

Why is Wikipedia blacked out today?

Wikipedia is staging a public protest today to garner support for its opposition to the anti-piracy measures proposed in the United States Congress.

The move is to protest against the Stop Online Piracy Act (SOPA) Bill, which is aimed at combating issues like illegally copied films and TV content and and the proposed PROTECT IP Act (PIPA).

In a statement, Wikipedia said if the proposed legislation is passed, it 'would be devastating to the free and open web.'

Over 1,800 Wikipedians discussed the proposed actions the community wanted to take against SOPA and PIPA and came up with the decision to blackout the site for 24 hours, like other websites opposing the laws.

In his statement, the executive director of Wikimedia Foundation said, "Our concern extends beyond SOPA and PIPA: they are just part of the problem. We want the Internet to remain free and open, everywhere, for everyone."

In the pic: Sue Gardner, executive director of the Wikimedia Foundation

What is SOPA?

Stop Online Piracy Act (SOPA), also known as House Bill 3261 was introduced in the United States House of Representatives on October 26, 2011.  A similar legislation is known as PIPA in the Senate.

As per the provisions of SOPA, sites carrying user-generated content will be forced to impose restrictions on the content being posted. These are backed by movie studios and record labels as a way to crack down on online content theft. 

Google, the world’s most popular search engine, is also opposed to the move and will be carrying a link on it's home page to make public it's opposition to the proposed move.

The supporters of the bill (mainly publishers and film studios) say the move meant to curb IP theft and piracy, protects the intellectual property market and corresponding industry, jobs and revenue.

Those opposing the law, on the other hand, say it will endanger free speech and "set a frightening precedent of Internet censorship for the world."

How will it work?

If any site is seen as enabling copyright infringement, the US Attorney General will have the right to legally get the site in question to be shut down and make it virtually disappear for internet users in the US.

More importantly, even a user posting any copyrighted material as a comment on a website could lead to forceful shutting down of the website.

As an ordinary user, if you post copyrighted material onto a website, you could find yourself behind bars for five years. 

Also, sites will be blocked by domain name instead of Internet Service Provider (ISP). So before your ISP runs a Domain Name System (DNS) lookup, it will be examined if the searched site is an "infringing site". If so, you will be given an error message.

For example, if one uploads a video of a group of friends singing a song on Youtube, not only will Youtube be put under the list of "infringing sites", the people in the video may also face legal action.

How SOPA will change the internet?

SOPA, if passed, is likely to completely change how the online space is currently used. Any site that involves video sharing, blogging or other similar activities could be slapped with copyright infringement and shut down.

Even a single infringing link could lead to a website virtually disappearing off the internet. If one uploads any content that has music, quotes or any other form of intellectual property that is copyright-owned by a US company, under SOPA, it could be seen as an infringement. Activities like blogging, tweeting and sharing things that have become a second nature for us will never be the same.

You want to put that video of you dancing on a Shakira number? Think twice.

Who supports SOPA?

Organisations whose business depends on copyrights have come forward in support of the Act. These organisations include Motion Picture Association of America, the Recording Industry Association of America, Macmillan US, the Entertainment Software Association, Viacom and News International.
Who opposes SOPA?

Major social networking sites like Facebook and LinkedIn have spoken strongly against SOPA. Others who oppose the act include Mozilla, Wikipedia, Google, Zynga, eBay, Yahoo, Mozilla, Reddit, Boing-Boing.
 
These organisations feel that if such an act comes into play, it will hamper innovation and creativity and curb freedom of communication.
 
Websites like Wikipedia, Reddit, Boing-Boing, Mozilla, the Cheezburger network are protesting by shutting down their website for 24 hours on January 18. Google plans to place a link on it’s homepage to highlight its opposition to SOPA.

What are the implications for India?

Indian websites that are considered by the US as 'infringing sites' will not be blocked to US users, but will be de-linked from search engines and US-based websites.

It is important for us to know that a lot of sites with a '.com', '.org' or '.net' are registered in America, thus the US will hold the right to block a number of sites that are used by Indians on a daily basis.

The bill would also bar online advertisers and payment facilitators like Paypal, Visa, Master Card from doing business with the infringing website, thus affecting the way we do our online transactions too.