Caveat Emptor ?

The bank was taken aback by the order of the IT secretary of Tamilnadu as the adjudicator under the Information Technology Act, when he directed the bank to pay Rs 12.85 lacs as the compensation to an Abu Dhabi based NRI for the loss suffered by him in a “Phishing Fraud” . (1)

“Phishing” is a security risk that many computer users are getting to be familiar. In this case the account holder received an email that appeared genuine, which asked him to provide the use rid and password for his internet banking account to avoid his account getting closed. He parted with these details and he lost about Rs 7,00,000 from his account.

The bank took a view that the loss is on account of the carelessness of the account holder and refused any compensation as they had advised all account holders not to part with their userid and password to anybody. How could he be so irresponsible and give away his password and then claim that the bank should compensate him? But the adjudicator did not agree to this point of view.

This is an interesting dilemma for all entities like banks and depositories that provide online service to their clients. Where does their liability end for the loss suffered by their clients? Under what circumstances will they continue to be liable even if the loss was the outcome of a failure by the account holder?

Similar issues have been there with respect to offline transactions too. For example the loss suffered by credit card holders on account of misuse of their card details or loss of money from the bank account by fraudulent instructions.

One of the accepted doctrines in legal theory is that the entity that is best equipped to manage the risk should be liable to the loss arising out of such risk. This doctrine has been followed not just in online transaction. It has been used in fixing liability in terms of workplace accidents, accidents in amusement park and and so on.

For many this may look very unfair. Shouldn’t the responsibility of the service provider end when it has put in place risk containment measures and warned the users about the potential risks? Why should it bear the brunt of a fraud when ingenious souls manage to find a way around the protective walls?

There are studies comparing the incidents of banking frauds between the countries that placed the primary responsibility on the service provider and on the customer. These studies showed that when the legal structure supported the above doctrine the extent of fraud was much less. The service providers continuously upgraded their risk containment systems as they could not hide behind “fine prints” in the forms that they make their clients sign and the disclaimers that they publish. They cannot limit their risk with firewalls and dematerialized zones in their data centers. They have no option but innovative in saving their clients from their own foolishness. They are forced to look for patterns, trends, exceptions, track locations from where the transaction originate, raise alert when exceptions occur and so on. But if still a client is faced with a loss, he is compensated unless they can prove the customer connivance or involvement. We can’t just declare “Caveat Emptor”.

Risk mangment therefore becomes a managerial decision, may be more than technical solutions. (Read on Digital Security – Business, People and Economics for some more thoughts on this)

Ref: (1) https://indialawnews.org/tag/human-rights/

"Customers don't expect you to be perfect. They do expect you to fix things when they go wrong." Donald Porter, British Airways

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Matter of Right

Government of India had put out a draft bill on Electronic Service Delivery (ESD) for public comments. The key features of this scheme are

i) Every department of the government should mandatorily make its service to citizen available through electronic mode.

ii) This ESD should be made operational within five years of enactment of this bill. Extension for another three years will be allowed if there are valid reasons for this delay.

iii) Within six months of enactnment of this bill, every department should publish the list of services which will come within the ESD commitment.

iv) As in the case of the Right to Information Act (RTI), the proposed ESD act provides for Commissions at center and state level to ensure that the expectation under the act is delivered and failure is met with punitive action.

This right for ESD proposed to be guaranteed under an act of the parliament can be seen as maturing of various e-Governance initiatives that the government has been taking in a variety of fields for more than a decade. India is considered to be a powerhouse in the field of ICT and we practically run the back-office operations for the whole world. With this, this should be an easy target. But is it?

World e-Government ranking undertaken by United Nations gives India a rank of 119 out of 192 countries it surveyed in 2010. As my friend Neel pointed out, “How come even after more than a decade of e-Gov initiatives at the highest level, we still want six months for all departments to publish the list of services they can make available electronically and we need five to eight years for this to be fructify?” Reasons are many; but the following appear to be the most fundamental of them.

i) Many of the e-Gov initiatives are computerization of existing operations of the departments, heavily accented to MIS reports for internal consumption and upword reporting.

ii) Processes were not fine-tuned with a citizen focus. Committed service levels or actual performance levels were seldom benchmarked or published

iii) Solution implementation was more activity based than outcome based. Often vendors saw their role as software developers or as hardware suppliers and not as service providers.

iv) More attention was given to the automation of front end without getting the back-end streamlined and automated. In many instances sufficient consideration was not given to building electronic repository of the records and masters or ensuring high data quality which are the foundation blocks for electronic service delivery.

This problem is not unique to government computerization efforts. In many private sector companies also the computerization took this route. To begin with computer was a perk and status symbol for the boss. Then it became a department initiative. It was much later an integrated corporate wide strategy got evolved in progressive companies.

Similarly, in government initially it started as a privilege for the big bosses. Then it became a department initiative left to the interest of the head of the department. Integrated service delivery is still a dream. (read on "India gets a CIO- Part II")

Now when we attempt to make electronic service delivery a matter of right we have to give more attention to the lacuna highlighted above else we will not be able to live up to our promise or the expectation of our citizens and the commissioners will end up inundated with grievances.

Picard: Come back! Make a difference!
Kirk: I take it the odds are against us and the situation’s grim.
Picard: You could say that.
Kirk: If Spock were here, he’d say that we are irrational, illlogical human beings for going on a mission like this... Sounds like fun!

-Star Trek: Generations
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Even Elephants Can Dance

My friend Zakir Thomas is a revenue service officer; but he is more comfortable in developmental work than being an enforcement officer. At present he is the project director for Open Source Drug Discovery (OSDD) a unique initiative by Centre for Scientific and Industrial Research (CSIR) and is personally mentored by its DG, Dr. Samir Brahmachari.

Though concept of Opens Source development has been in practice for a long time (though not in this name), it has become quite popular with the advent of internet, more so with the availability of collaboration tools (now referred to as web 2.0) which has enabled communities across the globe to work on solutions to complex problems.

Internet itself is product of such collaboration and Linux, the Operating System, is one of the most known open sources software. There are hundreds and thousands of such initiatives out there today in a variety of fields. Sequencing of human genome can be seen outcome of such a participative effort. However, in fields like Pharma where the cost of research, testing and regulatory approval can be phenomenal, collaboration is considered suicidal. On account of such high cost Pharma companies have least interest in working on development of drugs for ailments which particularly affect the poor (TB, Malaria etc) or which affect few people are very limited. They are keener on development of drugs for lifestyle ailments like Blood Pressure and Coronary Diseases

It is in this area the model of open source development is attempting to play a role. Today there are only few such initiatives in the world like Tropical Drug Initiative (Participants from University of California Berkeley, Dukes University, University of Sydney), Institute of One World Health, TB Alliance etc.

OSDD initiated by CSIR is an initiative attempting to provide affordable health care to the developing world, presently focusing on development of drug for TB which today kills two people every three minutes in India. OSDD has taken of well with participation from about 4500 scientists/ students from 130 countries. It has completed mapping of TB bacteria genome a record time. It already has two molecules for TB in the pipeline. CSIR hopes that they will be able to bring out at least one drug for TB in the near future.

I asked Zac what has made this possible. “A few People with commitment and Tools that made collaboration possible” he replied. He introduced me to two fellow scientists who were with him then who is working from Institute of Genomics & Integrative Biology(IGIB). Sridher Sivasubbu is a PhD in fish genetics and Vinod Scaria a medical doctor who is equally comfortable with computers. Both of them are young and highly qualified to have picked up high paying jobs in private sector in India or abroad. But they have decided to dedicate at least few years of their life to this initiative. Their energy level, enthusiasm and commitment for bringing multidisciplinary skills through collaboration to develop better drug for TB is awe-inspiring.

There are more of such dedicated scientists across the labs who share this passion. Zac suggested that I read the book “Geek Nation” by Angela Saini in which she has dedicated an entire chapter (titled The impossible drug) on this collaborative effort of a number of committed professionals from multiple labs across India to find a cure for TB. (This book is worth reading as it gives an interesting perspective on the dream, hope and possibility of India becoming a scientific super power).

What OSDD has done is to make the platform available to for these professionals to collaborate among each other and with the best around the world who are willing to join. I hope that OSDD is able to build on this momentum and don’t get ossified to a white elephant when the pioneers move on.

It is a commendable achievement for a government institution to work on such revolutionary models. We see such islands of excellence in many parts of the government. What is unfortunate is that often there is no mechanism to sustain this momentum. When the pioneers move on there is no planned succession. Successors are not selected keeping in mind the requirement of such exceptional institutions; but following a process which is meant to manage routine operations. And that is the tragedy of governance we face often.

Elephants can dance; so long as we play the right music…

"It is the long history of humankind (and animal kind, too) those who learned to collaborate and improvise most effectively have prevailed." - Charles Darwin

Related Readings

Competitive Advantage - A case for blogs and wikis

If wishes were horses

Dare to Differ

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“It is elementary my son” (humour)

One of my friends mailed me this funny story. Once upon a time on a cold wintry morning a sparrow was out from his comfortable nest looking for few morsels to fill his stomach. It was too cold and the wind was so harsh, that the sparrow fell down almost frozen. He was lying there helpless. Then a bull passed by and pooed on him. The hot manure warmed the little sparrow and he felt very comfortable. He was happy and he started to sing. A cat heard the song and it found the sparrow relaxing in the warm poo and it pulled the sparrow out of the poo and ate him up.

There are four morals we learn from this story.

i) Those who shit on you may not be your enemies: In our life and career, there will be many instances when the action of somebody will harm, belittle or demean us. Very often it may not be intentional; but just coincidence or matter of his survival. If we look from the other person’s point of view, there may be extenuating circumstance if not genuine reason. Sometimes it could be their revenge or they could be absolute a--holes. Whatever be the reason we suffer and we feel hurt.


The important thing is that we need to survive this assault, this insult or this harm. If we get caught up in the anger and spent our time in planning for revenge, we waste our time, our effort and our health which otherwise could be channelized for towards more fruitful end.


If we are in a situation where we have to deal with with unadulterated a—holes, it is better to kick them out or get out from such a place. (The book “No Asshole Rule” by Robert I. Sutton makes an interesting reading on this topic)


On the other hand, if we hurt somebody (specially their ego) we need to keep in mind that most humans love to get back and take revenge. If we want to avoid escalation of this conflict, we should either try to patch up or make sure that we are not in the line of fire of they won’t dare to react :-).


ii) Those who take you out of shit may not be your friend. When we are down and out, many of our old friends may not take a second look at us. Then we come across somebody who is keen to deal with us. We feel thankful and obliged. May be they are good Samaritans; maybe they are trying to take advantage of our plight or weakness. Even if it is genuine good will, don’t overstay our welcome; else he may not remain our friend

We need assess the situation dispassionately. The temporary setback should not make us succumb to any deal. The failure or loss in one arena does not diminish our value in all spheres; there is no need to feel defensive and no need to negotiate from an area of weakness. We negotiate based on what we are good at and more so based on our faith in ourselves.


iii) When you are in deep shit, keep your mouth shut: Some of us are very trusting, which is very good if we mix it with prudence. When the chips are against us, we need to be more careful about what we share, what we complain about, what we cry out loud about, or what challenges we broadcast or whom we trust. Discretion becomes all the more critical or else we give us away.

iv) Eventhough it may provdie some comfort shit is still shit:  Very often when we indulge in actions that are illegal, currupt, unfair or unscrupulous we may derive certain money, fame, pleasure and comfort. But if we decide to wallow in this shit, one day it is going to catch up. Remember the big cats know where to look for.
“I consider it a mark of great prudence in a man to abstain from threats or any contemptuous expressions, for neither of these weaken the enemy, but threats make him more cautious, and the other excites his hatred, and a desire to revenge himself” Niccolo Machiavelli

Taming the Corruption Tiger

Corruption (‘private gain at public expense’) has always been a matter of concern for the mankind since time immemorial. Many people love to eliminate this completely; but this is a disease which we may never be able to eradicate totally.

We see wide disparity in the level of corruption across the countries. Transparency international undertakes an annual survey and publishes Corruption Perception Index (CPI) of countries. No single country has ever got the perfect score of 10. Only five countries out of 182 get score above nine, 23 above seven and 47 above 5. India with a score of 3.3 has a rank of 87 which falls in the middle.

One of the interesting revelations of the CPI is the strong correlation between human development, economic progress and CPI. Is it that the economic progress reduces the incentive for corruption or the low corruption facilitates economic progress? It is both. There is a strong mutual dependency between economic progress and CPI. Chile is one of the few countries  that has managed to move from being a developing country to an almost developed country in the last few decades. Chile is also one of the very few developing countries with a high CPI score (7.2) giving it a rank of 21, which a level USA.

Corruption is a part of human nature. What can control it are the mechanisms in place to restrict it. The legal infrastructure and the strength of enforcement determine how easy it is to get away with corruption. (I don’t deny the influence of culture in corruption. But I strongly believe that this culture of corruption is not hardwired into the brain of certain class of people making them more corruption prone. Some people may find it easy in comparison to others to behave with less civic sense and in more socially unacceptable manner. Strong enforcement and an environment that is conducive can limit this cultural bias and bring about better discipline. Denmark today with a CPI score of 9.3 is the world topper. Remember the famous quote from Hamlet "there’s something rotten in the state of Denmark". Another example from home is the extent of cleanliness and efficiency Delhi metro has managed in its trains and stations which is significantly of higher degree compared to any other public utilities)

We in India have been struggling to manage this high level of corruption. The Anti Defection Law and the Right to Information (RTI) Act definitely help in this direction. The Jan Lokpal Bill has been struggling to get acceptance by the parliament for more than four decades (The recent high profile initiative by Anna Hazare of Civil Society was an attempt to force the government to take a definite action on this) We still don’t have a proper whistle blower protection act.

Legal enablement is definitely a necessary requirement; but, it is not a sufficient condition. Strong Judiciary can ensure justice; but, today we have a serious problem of a large number of pending cases blocking the judicial machinery. “Justice thus delayed is Justice denied”. RTI is an excellent tool to bring about transparency. But the resource constraints can prevent this from scaling up.

When we look at the disparity in the level of corruption across countries, the major differentiator is the extent of corruption and inefficiencies in the areas that affect day-to-day life of the citizens, whether it is to get some clearance, approval or certificate or to run their business. Corruption in high places and in areas with high stakes is the most difficult to control anywhere in the world. But if we manage the former, 90% of the irritant value may be removed for the society as a whole. When we take care of this petty corruption, it may also help to bring to open high-end corruption because  the dealing hands have all the incentive to blow whistle as they do not benefit from corruption anymore and thus no more are they partners in crime.

Today the progress in information Technology provides us with significant opportunities to improve governance processes. IT enabled Governance (IteG) can help improve process efficiency, it can help in bringing about better transparency, it can measure performance efficiency and publish the same, it can provide analytical support for risk management, it can reduce leakage and so on which are all elements that can bring about improvement in governance and reduce opportunities for corruption.

It will also help easy outsourcing of service delivery without loss of control enabling government to focus on policy making and policy administration. The income Tax Department’s outsourcing of PAN issuance, the Ministry Company Affairs online initiative and the Ministry of External Affairs initiative of Passport Processing etc are examples of successful implementation of this model. In each of these case we have witnessed significant improvement in turnaround time and elimination of petty corruption.

The IT enabled Governance (ITeG) is still in its early stage. It was not so far away when we could observe the PCs in a typical government department placed at the boss’s cabin with secretary using this as a word processor. Those days are gone. But we still have a long way ahead. Even when a catalytic role is played by some central authorities, it is often limited to budgetary control by purse holders with limited appreciation of the larger role of technology enablement. This is akin to what happens in the corporate sector when the controller (Finance and Administration) is in the driver’s seat as far as computerisation is concerned. What we need is to evolve a nationwide strategy for ITeG and develop a framework for managing ITeG Projects with respect to people, process and technology.


The accomplice to the crime of corruption is frequently our own indifference ~ Bess Myerson

Related reading

Amateur’s tips on e-Governance
Give us the Facts
To be or not to be (Part 1) - The Art of Cooking
The art and ethics of lying - Part II

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Looking for “the One”? A Cynic’s Fantasy

‘Matrix’ is one of my favorite science fiction movies. In this movie, most of the human beings live the life in a virtual reality (the matrix), while their bodies are used as an energy source by the machines that have conquered the earth. A few humans have managed to escape the matrix and build up a resistance movement to break the matrix. The ruling machine class will do everything within their power to suppress this resistance. The movie is about this conflict and confrontation for the right to be free and not be a just a tool for select few!

Sometimes when I look around, I feel that this movie Matrix, to a great extent portrays the real world. The driving force as well as the reason for the existence of ruling class of politicians and business men is Power and Money. The politics mostly focuses on creation of power and the business mostly focuses on creation of riches and they help each other with their specialization and they exchange Power for Money and Money for Power.

They control all the resources. They extract the resources and convert them to products for their comfort or to increase their wealth. The common man treated as nothing but another resource; labor in the production process, the slave at their beck & call and the customer for what they produce which is a way to increase their wealth. They play with their policies so that this large mass of living resource is pacified, subdued and remain docile. The movies, the games, the TV and the religion are all used as means to keep the common man in a state to stupor. Slowly and steadily higher proportion of wealth shifts to this ruling class.

Occasionally we see some making an attempt to better the life of the society at large, to treat common man more fairly, to enable inclusive growth, to stop over exploitation of the earth’s resources, to sustain the environment and to bring about peace and harmony. This initiative is immediately snubbed. Look at some of the recent examples; Anna Hazare and Bhushans of Civil Society, Mr Thomas, former CVC, Mr. G V Ramakrishna and C B Bhave, former chairman of SEBI, Mr Tharoor former Minister, Sanjiv Bhat the IPS officer from Gujarat who has decided to take a position, Sreedharan,cheif of Delhi Metro and a host of not so famous and not so recent examples can be picked from politics, bureaucracy and social service.

Although corruption, fraud, exploitation, murder and terrorism are common currencies used by many (or most?) among ruling classes (both in business and in politics) technical faults, minor errors in judgment and even fabricated stories are blown out of proportion and exploited to suppress those who try to make a difference. I don’t claim these people are completely devoid of any errors. No human beings are. But the difference is that they mostly strive for the good of the society without being driven only by private agenda, their intentions are mostly honorable and they try to do the right thing in their endeavors, .

Unlike in Matrix there is not going to be “the One” with superhuman abilities to save the world. The change can only come from small contribution from each one of us. We need to learn to differentiate between technical faults of those who mean good and shenanigans of those who work to maximize only their private interest. We need to support these few good men instead of indulging in self righteous criticisms about those who try or making excuses for our inaction. We need to support the former, pardon their occasional errors in judgment and support them to go forward and perform. And for this we need to learn few tricks from the ‘bad’. If we don’t learn to do this, there may be no hope in this battle. Take it or leave it…

"What is the reason? Soon the why and the reason are gone and all that matters is the feeling. This is the nature of the universe. We struggle against it, we fight to deny it; but it is of course a lie. Beneath our poised appearance we are completely out of control". Merv the Frenchman in Matrix Reloaded.


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Some Inconvenient Questions

[I am a concerned citizen of the world. I worry about the doom that is projected for this mother earth on account of the irresponsibility of “we the people.” Recently I came across some contrarian thoughts in few books that I read (referred below) which raises some questions on the current popular thinking. I have attempted to draw attention to some highlights. Those interested can read up more.This may be a bit heretical but I believe it is worth being alive to these issues]

In 1798, an Austrian Monk Robert Thomas Malthus, who was also a political economist,  predicted a gloomy future for the mankind because he believed that population would increase at geometric progression and the food supply would grow at arithmetic progression resulting in collapse of the mankind. In 1898 another eminent British scientist, Sir William Crookes, argued that unless nitrogen could be chemically fixed from air by some scientific process, the human race would not be able to feed itself from the land available. They were not being paranoid. Their predications were based on facts, based on scientific estimation of arable land, based on the prevailing productivity of land, based on availability of fertilizer and based on their estimation of population growth. [1]

In the same year (1898) delegates from across the globe gathered in New York for the first international urban planning conference. Their main cause of concern was management of horse manure which had exploded to un-manageable problem in all major cities of the world. In 1894 Times London had predicted that by 1950 every street in the city would be buried nine feet deep in horse manure. Somebody in New York predicted about the same time that by 1930 horse shit would rise to Manhattan’s third-storey windows. All policy efforts to mitigate the problem offered no solutions. Urban planning conference broke up in three days instead of the planned 10 day schedule. [2]

Within 15 years after Sir Crookes made his predication a German Scientist Bosch invented a technology for large scale production of inorganic nitrogen fertilizer. Today almost half of the nitrogen in our body would have passed through such a factory. The invention of internal combustion engine was the environmental savior. It managed within two decades to address the problem that was driving nations around the world nuts. They also released significant land for farming which was hitherto being used to feed the horse and other draught animals.[3]

These solutions to the society’s vexing problems were not found by means of depopulation of society or by policy directions that reduced travel and commerce. It came about from human ingenuity and innovation. The internal combustion engines improved mobility, revolutionized travel and agriculture and helped the mother earth to sustain seven billion people without falling into the Malthusian trap.

With the exploding usage of these IC engines, today we are faced with the negative externalities of greenhouse gases (incidentally the methane gas produced by the ruminating animals produce 50% more greenhouse impact than the transport sector!) from this technological magic and we are worried about future of our energy options and global warming. In the same way the urban planning conference on horse manure failed to produce results, the Copenhagen Summit on climatic control was unproductive. The reason was not lack of intention. But because the marginal cost of discipline is much more than the benefit; not just for individuals, but also for countries. Garett Halden has nicely explained this “tragedy of commons”; the problem of free riding.[4]

We have to have innovations to address this. Not just knee-jerk relations based of fads and fashions. The renewable energy sources today have not reached the level of scalability to solve the global energy problem. Many of them, on a total input-output ratio of energy spent and energy output is quite inefficient and often a net consumer of energy. Matt Ridley has pointed out this conundrum with an interesting analysis. “Today about 125 kwh per day is the average energy consumption of a British national. Let us assume that we managed to brig it downto100 kwh which is to be supported with 25% each from nuclear, wind and solar, 5% each from bio-fuel, wood, wave tide and hydro. Then there would be sixty nuclear power stations, wind farms would cover 10% of entire land, solar panels covering an area the size of Lincolnshire, eighteen Greater Londons growing bio-fuels, forty seven new forests growing fast rotation harvested timber, hundreds of miles of wave machines off the coast, huge tidal barrages in the Seven estuary and Strangford Lough and 25 times as many hydro dams in the rivers as there are today’ Still with frequent power cuts.” [5]

We need to incentivize and encourage game-changing innovations and not hope for altruistic actions by individuals and countries represented by their political masters or jump at everything that sound green or organic without analyzing its true cost and benefit. We cannot be carried away by such dreams and take retrograde steps of arresting economic growth that would do injustice to billions of global citizens who hope to share some part of the benefit of human progress, massive drives to bio-fuels that will reduce land under cultivation leading to food shortage or hijack more rain forests. If we take this path the cure we are attempting will end up being a bigger disaster.

“Our dilemma is that we hate change and love it at the same time; what we really want is for things to remain the same but get better.” Sydney J. Harris
Related Reading: Question of Existence
References
[1], [3],[5] The Rational Optimist, Matt Ridley
[2] From Horse Power to Horsepower, Eric Morris
[4] The Corruption Conundrum, V Raghunathan
Super Freakonomics, Steven D levitt & Stephen J Dubner
The Price of Everything, Eduardo Porter

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