In Conversation with Apar Gupta, Co-Founder and Executive Director, Internet Freedom Foundation

Apar, would you please tell us where did this illustrious journey begin and at what age did you decide to study law. Please walk us through your early years of education and the decision of becoming a lawyer.

By the end of school, I wanted to deepen my engagement with the social sciences, but it also had to satisfy a conventional, professional need. It would not be fair to place my choice to opt for law school on family, friends, for more personal, I felt the need to confirm. Law seemed like a fairly complimentary, “safe” option to my existing interests. With this in mind, I joined the newly established Amity Law School, Indraprastha University, Delhi in 2002 when National Law Schools were still being established over India.

I soon excelled in the moot court selections within the very first month of attendance. Modelled as a system for clinical practice for law students these provided an opportunity for research and oral argument. However, after this first success, I had to try for another 8 months, in which I participated in 9 selection rounds till I was chosen again to represent my college. Quite often I was competing against more senior students and lacked both skill and social capital. Over the five years of law school, I participated in several inter-college competitions, excelling in various roles, from a speaker, researcher to even a coach. I was quite often forming and leading teams of my peers and juniors towards the end (a generous public acknowledgement by Varun Kalsi).

My law school life was not without complications. I was most notably illegally confined for creating a student-run blog called, “Mutiny in Amity” with two other batchmates (more on this experience here video link and story). Given there was a ban on the formation of a student body, several interventions were made by me including signature campaigns for better classroom facilities, transparency and development of standards for discretionary exam assessments and also representing and advising students on aspects of natural justice when they got into trouble with disciplinary committees. 

Towards the fifth and final year of law school, I started writing a book guided by the ambition of a Rhodes Scholarship. The book serves as a practitioner’s text on the Information Technology Act, 2000 presently in its third edition as a publication by LexisNexis India. When I did not get the scholarship, Even though I was subsequently selected for an interview during it I was directly informed my choice of law school set back my application from proceeding further. Irrespective, I was thrilled to started law practice joining the law firm of Karanjawala & Co. I enjoyed my time tremendously, learning the process of court work and fusing my love for the substance of law, with court strategy and the procedural apparatus which often determines outcomes. If I had to explain my primary motivation during this period it was limited towards seeking greater status within a community of lawyers. A process which would have culminated with securing the designation of  a “senior advocate” (equivalent to a Queen's Counsel). The pageantry of their specially designed robe carried a particular appeal for me. 

After a year at the firm, I headed to Columbia University for a master’s degree in law. Here, I took courses which matched my core interests in litigation and technology but also attended seminars on legal scholarship and multiculturalism. Returning back to India, I practiced for a number of years, building a steady roster of private and public sector clients. My client roster included being retained as a counsel for the Internet and Mobile Association of India. I started my own firm with two other colleagues, which was acquired by another larger entity (link) within a year, then managed their office for a number of years, and then opened my own independent practice in 2015. 

This was always balanced with seminar courses that I instructed at National Law Universities in Delhi and Bangalore, regular writing which is archived in part on my website (link) and a growing public engagement on important debates concerning rights and technology. Slowly, a change was occurring. I did not crave the senior’s gown any longer but continued to feel motivated towards work, at first causing anxiety and confusion given it was increasingly departing from law practice, which have cleared towards building an organisation that provides me with tremendous joy and meaning. 

Who have been your guiding North Stars and the biggest inspiration in this journey?

The transformation has not been a strike of lightning (or a single, “a-ha” moment) but a gentler yet forceful current over a period of time. As set out above, three core portions of my life have provided me with a deep mental foundation for my work on advancing fundamental rights with technology. 

1984-2002: Growing up and as a young adult, I discover the joys of technology and the early networked society. I recognise it’s utility and view it as a powerful and political force for opportunity, development and growth. 

2002-2015: Law school instructs me in a tangible skill in which I excel. During this period I continue writing, learning court practice and fusing it with my interest in technology. With  ubiquitous force for social change, it’s interaction with fundamental rights becomes obvious. 

2015-present: Early victories in court and social movements follow set-backs and defeats. I slowly recognise that while the judicial system is an important institutional avenue to advance fundamental rights with technology, to improve the odds for policy change requires full play advocacy. This matches my interests as I increasingly enjoy a more entrepreneurial role hoping to fill a core gap in the digital rights sector in India through the Internet Freedom Foundation. Today, rather than being the best at everything, my role is to find and provide space for the best talent who share this organisational vision. 

Would you please tell us more about the array of work you handle at your organization?

IFF complements and even hopes to bridge gaps in digital rights organisations, larger civil liberties groups and online collectives and movements. It takes considered risks, make a stand and follow a path of advocacy towards outcomes. Today a large number of Indians are coming online. Can we consider this an opportunity rather than a threat to our fundamental rights and liberties? 

So after litigating for over a decade, doing work that was deeply meaningful and instructive, I transitioned to helping build a non-profit which has the promise of working on issues of technology to secure freedoms and our constitutional values of justice, liberty, equality and fraternity. This becomes important as we participate in a social transformation that is digitally connecting a growing number of Indians. By focussing on public advocacy, creating a respectful and faithful relationship with our volunteers and community, using my experience and skills of approaching courts and regulators, I am hoping to help fulfil objectives of IFF’s mission.

Today, we build online public-facing campaigns in India (we have been associated with 5 till now the most famous being SaveTheInternet) continuing the work of many founders who built the net neutrality movement. We use tech tools, video explainers, write articles, summaries and analysis papers. This brings greater power to our advocacy actions. Much of our work involves understanding how institutions work. We navigate this maze, engaging with decision makers to ensure systematic victories. This includes engaging with regulators, drafting digital rights legislation and parliamentary motions, sending notices and going to court and litigating to protect our freedoms. We do our work with courage and we dream big but always with strategy, care and reflection. 

Over the past two years we have had significant victories in courts, parliamentary but more importantly in generating greater awareness on issues of digital rights as they become a mainstream conversation. 

Would you please summarily tell us the current status of the sectors of the economy your work in, the roadblocks in our path and the way forward?

For me, movement is not always an advance, it can sway sideways, or even cause retreats. I have often felt crippling odds, inadequacy and a sense of hopelessness. Given that I am driven by passion, most of my challenges have been emotional as much as I have preserved and continuously kept attempting to improve in all aspects of my life, relationships and work. 

Early victories in court and social movements have sometimes followed set-backs and defeats. An increase in the roster of clients, more prestigious case assignments did not improve my motivation levels as my interest shifted to activism and organisation building. I slowly recognised that while the judicial system is an important institutional avenue to advance fundamental rights with technology, these goals were best realised with full play advocacy. This matched my interests, as I increasingly enjoyed a more entrepreneurial role hoping to fill a core gap in the digital rights sector in India. Today, I work hard to forge consensus, align others to the organisational vision through active persuasion and sharing ownership. Many of the demands of this role and new to me (such as fundraising and drawing up a budget) but I am enjoying this with the encouragement and advice of a participative trustee group. 

Would you please share with our readers your expert views on ‘Privacy: More Than Just Oil’.

One of the greatest appeals of science fiction is that life imitates art. Take for instance Black Mirror. It features a world in which our deepest fears and desires are held hostage by technology. The core of its message is that you, the user, the citizen is not in control. Yes, this may be possible in core domains where technology and our fundamental rights interact. Technology is not moving towards the direction of our fundamental rights. Core values ensure that Indian society will benefit from technology. This is what a dystopia looks like and what happens when we think our privacy rights are liquid or fuel only meant for profit and unsustainable economic exploitation. 

What in your opinion has been the biggest change or challenge looming over the legal landscape of India amid COVID-19? 

Since remote work, online education, telemedicine, and reliance on e-retail becomes critical for the foreseeable future there is a need for authorities to take specific action. IFF has written to the DoT and TRAI suggesting that these interventions must look toward overcoming the digital divide, appreciating the importance of the internet and mobile services as an essential utility, and protect net neutrality. 

Other than work, what else keeps you busy? Would you please share your other interests and hobbies with our readers?

I used to be a long-distance runner which was particularly meditative for me. Due to recurring injuries I have partially given it up and may take up another sport such as swimming or weight training. At present, I find calm through regular visits to art galleries and reading about progressive, contemporary art. I spend most of my day surrounded by music and gardening in my free time. To me these pursuits are at the intersection of a healthy mind and body that helps bring this same health and optimism to my work and the various people I work with closely. 

Many Congratulations on joining the BW Legal World Elite 40 Under 40 Club of Achievers 2020. What to your mind has helped you get to where you are and what advice would you have for others who want to set off in a similar direction?

Work towards your passions. Lists and external achievements are often markers of privileges and if you are lucky enough to receive them pass on those opportunities. Build genuine human bonds of value and goodwill. Keep learning, curious and compassionate. Most importantly find your own way as much as benefiting from the advice of friends, family and professional colleagues. 

Is there anything else you’d like to share with our lawyers of the future, any golden piece of advice from the treasure trove of your experiences in the industry?

Listening is often more powerful than talking. Talking is most certainly more powerful than arguing. 

As a final note, would you please recommend to our readers your favourite book or movie/series that left a lasting impression on you?

Three books in recent years that have left a lasting impression on me recently has been Margaret Attwood’s the Handmaid’s Tale, Kannabiran’s Wages of Impunity and Zeynep Tufeqi’s Twitter and Tear Gas. Other than that some recent notable reads which I have gone back to regularly include writings and speeches of Ambedkar, Nehru, Hannah Ardent, Orwell and Gandhi. 

*The interview was published in November 2020.

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