Encryption and the extent of privacy

Ed. Note.: This post, by Benjamin Vanlalvena, is a part of the NALSAR Tech Law Forum Editorial Test 2016.

A background of the issue

On December 2, 2015, 14 people were killed and 22 were seriously injured in a terrorist attack at the Inland Regional Center in San Bernardino, California, which consisted of a mass shooting and an attempted bombing. The FBI announced on February 9, 2016 that it was unable to unlock the iPhone used by one of the shooters, Farook. The FBI initially asked the NSA to break into the iPhone but their issue was not resolved, and therefore asked Apple to create a version of the phone’s operating system to disable the security features on that phone.

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Rights of persons with disability and Copyright

Ed. Note.: This post, by Benjamin Vanlalvena, is a part of the NALSAR Tech Law Forum Editorial Test 2016.

How are disabled persons affected by Copyright Law?

The onset of the digital era has brought in an ease of access for persons with disabilities greater access to resources earlier not available not to them through assistive technology.

Copyright laws are set in place to protect the interest of the right-holder of the creative work. However, every time a visually impaired, blind or print disabled person wanted to convert the work into a format compatible with a screen reading software, they would have to reproduce the book in its entirety. A lot of E-books and other similar digital media content have Digital Rights Management (DRM) Systems which place technical restrictions to prevent the copies from being copied. This conflict between persons with disabilities having the right to access information and the copyright holder’s right to control copying of their work created an obstacle for such persons with disabilities leading to a ‘global book famine’. According to the World Blind Union, roughly 5 percent of the millions of books published were made available in formats which would be accessible to persons who are blind, visually impaired or print disabled. This is a cause of concern considering that there are 285 million persons in the world who are blind, visually impaired and print disabled, 90 percent of whom live in low-income settings in developing countries.

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RELIANCE JIO: REGULATORY AND PRIVACY IMPLICATIONS

Ed. Note.: This post, by Sayan Bhattacharya, is a part of the NALSAR Tech Law Forum Editorial Test 2016.

In the world of technology dominated by a power struggle in terms of presence and absence in data circles, Reliance Jio has probably made the biggest tech news of the year with its revolutionary schemes. By adopting a loss-leader strategy of immediate loss and ultimate dominance, Reliance Jio has promised its subscribers stellar features like free voice calls, extremely cheap data packages, abolition of national roaming  charges and striking down extra rates on national holidays on shifting to its network. This is set to significantly affect competition by taking India’s data scenario from a data scarcity to data abundance mode.

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LEGAL ISSUES SURROUNDING SEARCH ENGINE LIABILITY

Ed. Note.: This post, by Sayan Bhattacharya, is a part of the NALSAR Tech Law Forum Editorial Test 2016.

Search engines which are quintessential to our internet experience are mechanisms of indexing and crawling through data to provide us with a list of links which are most relevant to both our present and past searches. Figuratively, its functions range from directing users to seats in a movie hall to being the very seat in the movie hall.

Tonnes of data lie a click away thanks to these third parties.The question then evolves surrounding the huge quantity of data and the ethics of its presentation to users lying at the mercy of private entities which almost enjoy an unquestionable monopoly in this regard. To what extent this can it be held liable for the data it presents? This article seeks to deal with the following legal issues surrounding holding search engines liable for:-

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The Right to Be Forgotten – An Explanation

Ed. Note.: This post, by Ashwin Murthy, is a part of the NALSAR Tech Law Forum Editorial Test 2016.

The right to be forgotten is the right of an individual to request search engines to take down certain results relating to the individual, such as links to personal information if that information is inadequate, irrelevant or untrue. For example, if a person’s name is searched on Google and certain information appears relating to that person, the person can request Google to remove that information from the search results. This has its largest application in crime and non-consensual pornography (revenge porn or the distribution of sexually explicit material depicting a person without their consent). If X committed a petty crime and a person searching X’s name finds this petty crime, it leads to an obvious negative impact to X, in terms of job prospects as well as general social stigmatisation. X can ask the providers of the search engine to remove this result, claiming his right to be forgotten. The right is not necessarily an absolute right – in its current stage of discussion it merely applies to information that is inadequate, irrelevant or untrue and not any and all information relating to the person. Further there lies a distinction between the right to privacy and the right to be forgotten – the right to privacy is of information not available to the public while the right to be forgotten is removal of information already available publicly.

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