Mumbai Cyber Police Demand Personal Details of Modi Critics

— Mumbai cyber police are demanding that U.S. tech companies hand over personal details of Internet users who insulted Indian PM Narendra Modi

Last year, I blogged about efforts by Mumbai’s “cyber police crime division” to purge the Internet of doctored images of Indian prime minister Narendra Modi. Since that post, the officiously censorious division has refocused its efforts on trying to scrub the Internet of derogatory terms associated with the famously gaffe-prone Indian PM.

Narendra Modi (source)

Recently, the division sent Google a criminal complaint ordering the removal of all search results for “Feku No. 1,” a derogatory Hindi slang term that, according to Urban Dictionary, refers to “[a] person who tries to project himself as a people’s leader by spreading false propaganda using paid media and crony capitalists.”

The term became synonymous with Modi in 2013 when a political opponent used it to mock the Indian PM and, according to the complaint, is allegedly intended to “outrage religious feelings of any class by insulting its religion or religious beliefs,Defamation” and “create UNREST, BREACH of PEACE which might result in LAW & ORDER problems in Maharashtra, India.”

The complaint was filed by senior inspector Ravi Sardesai, who according to one news report is “an old hand at handling cyber crime.”

In a separate criminal complaint, Sardesai also recently ordered Google to remove all search results for “CHUTIYA modi.” According to Urban Dictionary, Chutiya is “[a] uniquely Indian expletive [that] classifies the recipient as either an idiot, or an ignoramus or someone behaving stupidly. Derived from Chut, Hindi for vagina.”

But Sardesai’s most aggressively heavy-handed demand, listed as a “TOP PRIORITY BASIS so as to avoid Law and Order problems in Maharashtra and INDIA,” sought that U.S. tech companies, including Google and YouTube, immediately furnish mobile phone numbers, e-mail and IP addresses of creators of the offending content.

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Section 91 of India’s Code of Criminal Procedure permits “any officer in charge of a police station” to request “any document or other thing” from “the person in whose possession…such document or thing is believed to be.”

A quick scan of the invaluable Lumen Database, which archives online takedown demands, shows that Sardesai has sent dozens of similar demands within the past year, most of which include requests to “BLOCK/DELETE” a seemingly endless flow of allegedly “defamatory morphed/vulgar photos” of Modi.

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Per my previous post on the Mumbai cyber division’s legal shenanigans, those photos include a widely shared photoshopped image of Modi homoerotically embracing his right-hand man Rajnath Singh on a beach.

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The Ghost of Trump U.

— Google delists marketer’s analysis of Trump University sales letter after friend of deceased Donald Trump ghostwriter files copyright claim

Trump University, founded in 2004 by its presidential namesake, was an unaccredited real estate programme aimed at budding investors.

Before and after its closure in 2010, the New York-based programme faced repeated allegations of illegal business practices by state authorities, plus two federal lawsuits brought by former students who claimed they were defrauded out of thousands of dollars in tuition fees (in late 2016, Trump agreed to pay $25 million to settle the lawsuits).

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Now Trump U. is back to haunt the archives of the Lumen Database, a website that collects and analyses online takedown requests.

Earlier this month, Lumen published multiple DMCA copyright complaints received by Google requesting that the search engine delist pages from Swiped.co, a self-described “community for marketers, copywriters & savvy business minds” founded in 2013 by New Jersey-based marketer Mike Schauer.

Swiped.co founder Mike Schauer (source)

The complaints were sent by Big Jason Henderson, founder of Las Vegas marketing company SMH Marketing, who requested that Google delist Schauer’s annotated analysis of a decade-old Trump U. sales letter by deceased Trump ghostwriter Scott “Mongo” Haines.

Henderson says he acquired the rights to Haines’ works shortly after Haines’ death in January.

Top right: Marketing consultant Big Jason Henderson (source)

Here’s one of three complaints Henderson sent Google:

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If you can’t read that it says:

I am the copyright holder of “Shortcut Copywriting Secrets.” This course includes a text-based course (204 pages), a quickstart guide (27 pages), and two volumes of sales letters (336 pages). My rights to this work include text, sales letters, logos, and cover images. This sales letter from the course appear on the website swiped.co and subsequently appears in Google search results.

Search results for “Scott Haines” show that Google has delisted the page as a result of Henderson’s complaint:

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In an e-mail, Schauer said that he is saddened by the ordeal.

“I’m not trying to pass his work off as my own or sell it,” said Schauer. “I’m using it to educate and teach copywriting, while highlighting the man who wrote it.”

I asked Techdirt reporter Tim Cushing about the possible fair use components of Schauer’s post.

“I think it’s clearly fair use,” said Cushing. “In addition to [the fact that Schauer’s commentary alone should be enough to stake a credible fair use claim], it’s a marketing letter meant to be seen by as many potential customers as possible. It’s not as though publishing it somehow diminishes the market for Trump U. offerings – even if Trump U. were still a viable entity. This is marketing material, not an excerpt from the courses Trump U. was selling.”

Cushing added: “Misuse of the DMCA process only creates more commentary.”

Strangely enough, Henderson appears to agree. In an e-mail, he said he has no issue with the delisted page, and that he intended to target another page which he claims contains copyrighted material taken from Haines’ collection – a claim disputed by Schauer.

Here’s what Henderson wrote to me:

My wife’s been helping out and says she did not intend to put in a claim for the Trump U. letter.

I had told her to only look for Trump U. letters which were addressed to Scott which would indicate it was taken from Scott’s collection.

Might have been because it was also on a page that linked to another sales letter which was copyrighted by Scott and included in his collection.

So, I believe she is in communication with swiped.co and working something out because I have no issue with and would even be willing to provide some missing info about that Trump U. letter.

Henderson confirmed that he will ask Google to relist the disappeared pages, on the condition that Schauer agrees to include a link to Henderson’s website.

In the meantime, Schauer has filed a counter notification with Google.

Update, 7/11/2017: According to Schauer, Google has relisted his website.