Tech Law Forum NALSAR, Author at Tech Law Forum @ NALSAR

A Surveillance Story

Posted on January 16, 2021February 26, 2021 by Tech Law Forum NALSAR

[This post has been authored by Ada Shaharbanu and Reuel Davis Wilson.]

Our familiarity with surveillance generally brings to mind the methods adopted in the 20^th century. Common among these are the tapping of telephone lines, stakeouts and the interception of postal services. However, it becomes difficult to keep a track of the multiplicity of ways in which surveillance is presently conducted. Advanced technology has barely allowed us to familiarize ourselves with one thing before the next comes along.

Data Protection in EdTech Start-ups: An Analysis

Posted on January 8, 2021February 18, 2021 by Tech Law Forum NALSAR

[This post is authored by Oshi Priya, a third-year student at the National Law University of Study and Research in Law, Ranchi.]

Education technology (EdTech) is the means to facilitate e-learning through the combination of software and computer hardware along with educational theory. Though still in its early stages of development, it’s a $700 million industry today in India and is headed for 8-10 times the growth in the next 5 years. Some of the popular EdTech companies in India include Unacademy, BYJU’S, and Toppr, etc.

Principled Artificial Intelligence: Adopting the Principle of AI Accountability and Responsibility in India

Posted on December 24, 2020December 24, 2020 by Tech Law Forum NALSAR

[This post is authored by Shikhar Aggarwal, a third year student at National Law University, Delhi.]

This article covers the need for, and rationale behind, the concept of principled Artificial Intelligence (“AI”). It explores the broad contours of the ethical principle of AI responsibility and accountability, analysing how it may be adopted in India. While tort law and product liability may hold the human element behind AI liable for harms caused, the existing frameworks are insufficient for redressing harms caused by autonomous technologies.

Regulation of Content on OTT Platforms: An Explainer

Posted on December 21, 2020December 21, 2020 by Tech Law Forum NALSAR

[This Explainer has been authored by Harsh Jain and Sankalp Jain of the NALSAR Tech Law Forum Blog.]

The over-the-top (‘OTT’) industry in India has been growing exponentially–faster than anywhere else in the world–and pegged to reach a size of $5 billion by the year 2023. With an increase in internet penetration, coverage and speed, the consumption of content available on OTT streaming services is at an all-time high. This has not only increased the accessibility to titles old and new, but has also created a new avenue for content-creation on diverse themes. As the pandemic led to the closure of movie theatres and other forms of public entertainment, OTT platforms have been growing in India along with the rest of the world.

Metadata by TLF: Issue 19

Posted on December 21, 2020December 20, 2020 by Tech Law Forum NALSAR

Welcome to our fortnightly newsletter, where our reporters Harsh Jain and Harshita Lilani put together handpicked stories from the world of tech law! You can find other issues here.

Facebook Oversight Board picks the first batch of cases for review, adds additional matter from India

Facebook’s Oversight Board (OSB), an independent body set up to review moderation decisions by the company, chose 6 cases to review in the first week of December, 2020 from over 20,000 cases that were referred to it following the opening of user appeals in October 20, 2018. Five of the cases being considered by the OSB were referred via user appeals while the sixth arose from a reference by Facebook. A couple of days after announcing the first batch of cases, the OSB added an additional case for consideration from India. It involves a photo posted on a Facebook group with Hindi text describing the drawing a sword from its scabbard in response to “infidels” criticizing the prophet. The photo also included a logo with the words “Indian Muslims” in English. The accompanying text, also in English, includes hashtags calling President Emmanuel Macron of France “the devil” and calling for the boycott of French products.

Criminal Liability of Artificial Intelligence (Part II)

Posted on December 18, 2020December 18, 2020 by Tech Law Forum NALSAR

[Shubham Damani is a second year student at NALSAR University of Law, Hyderabad. This two-part post was the winning entry in the Ab Initio Essay Writing Competition hosted by the NALSAR Student Law Review. Part 1 can be found here.]

Previously, the author had discussed a framework which would help impose liability on Artificial Intelligence in in various situations. This post continues the discussion, with an examination of the kind of liability to be affixed and what a workable regulatory framework would look like.

Criminal Liability of Artificial Intelligence (Part I)

Posted on December 18, 2020December 18, 2020 by Tech Law Forum NALSAR

[Shubham Damani is a second year student at NALSAR University of Law, Hyderabad. This two-part post was the winning entry in the Ab Initio Essay Writing Competition hosted by the NALSAR Student Law Review. Part 2 can be found here.]

“The development of full artificial intelligence could spell the end of the human race.”
Stephen Hawking

Examining the Rise of the ‘Splinternet’

Posted on December 10, 2020December 8, 2020 by Tech Law Forum NALSAR

[Ed Note: The following post is part of the TLF Editorial Board Test 2020-21. It has been authored by Manasvin Andra, a fourth year student of NALSAR University of Law.]

Data localisation laws have been on the rise in recent years. Since Edward Snowden’s revelations regarding the National Security Agency’s PRISM program, states have begun associating informational security with the need to retain data within their territories. The list of countries insisting on data localisation is long, including Brazil, Germany, Russia and South Korea. India is also on the path to adopting localisation norms, primarily through the revised Personal Data Protection Bill, 2019.

Data Rights in Sports: The case of Event Data

Posted on December 5, 2020December 7, 2020 by Tech Law Forum NALSAR

[Ed Note: The following post is part of the TLF Editorial Board Test 2020-21. It has been authored by Dhananjay Dhonchak, a second year student of NALSAR University of Law.]

The commercialisation of sport coupled with advancements in technology have made it possible to collect and analyse vast reams of data generated in sporting activities. The information generated can take various forms such as physiological data of athletes, event and even fan-data. This article specifically focuses on event data and the legal concerns relating to its ownership and control.

Suggestions for Copyright Reforms

Posted on December 4, 2020December 4, 2020 by Tech Law Forum NALSAR

[This post has been authored by our reporters – Harsh Jain and Harshita Lilani. They discuss the controversies surrounding Copyright law in India and highlight the recommendations sent by the Technology Law Forum to the Registrar of Copyrights.]

The last amendment to the Indian Copyright Act was made in the year 2012 and therefore, the news that a reform process had begun was a welcome development. However, the fact that the process began with ‘private consultations’ has raised many concerns. The impact of any Copyright Law reform would be far-reaching and, therefore, must involve all stakeholders – authors, industry players, academicians, students, and more. This also means that the reforms must be forward-looking – to be able to anticipate and adapt to changing times.