A student-run group at NALSAR University of Law
[This post has been authored by Amishi Aggarwal, a 2nd year student at NALSAR University of Law, Hyderabad. Part I is available here.]
As discussed in the previous post, the nature of an IoT device as a fiduciary is jeopardized due to the conflict of interest involved. However, as previously mentioned, these conflicts of interest are not entirely forbidden, and full disclosure of the same to the principal is required, along with subsequent consent.[1]
[This two-part essay has been authored by Amishi Aggarwal, a 2nd year student at NALSAR University of Law, Hyderabad. Part II is available here.]
With the advancement of new forms of technology, new kinds of contractual relationships are being formed. Contract law, especially in India where it was codified more than a century ago, is not equipped to deal with new relationships which have emerged due to modern technology like Artificial Intelligence (AI). A glaring example of these new contractual relationships are those entered into by Internet of Things (IoT) on behalf of the users.
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.
The Cabinet Secretariat issued a notification on November 11, 2020 granting the Ministry of Information and Broadcasting authority over streaming platforms and online news portals. Simply put, this means that platforms such as Netflix, Hotstar, Amazon Prime, etc. will now be under the jurisdiction of the I&B Ministry. While the I&B Ministry cannot regulate these platforms without specific laws being passed towards that end, the notification signals the intent of the government to bring out a regulatory code in the near future. Such a move was expected after Amit Khare, the Secretary of the I&B Ministry, expressed the Ministry’s intent to bring content streamed over OTT platforms under its purview. The online content sector, unlike radio, cinema and television, has till now remained free of censorship. In August 2020, more than a dozen OTT platforms operating in India such as Netflix, Zee5, Voot, Jio, SonyLiv, etc. had signed a self-regulation code aimed at empowering consumers with tools to assist them in making informed choice with regard to viewing decisions for them and their families but the I&B Ministry had refused to support the same.
[Prakarsh and Shruti Mishra are third year students enrolled at the National Law Institute University, Bhopal.]
Any discussion on the issue of blockchain arbitration must begin with an understanding of the technology involved. Blockchain technology is not as new as it is perceived to be. The whitepaper released under the pseudonym of Satoshi Nakamoto brought this technology to fore, originally designed as a public ledger, more than a decade ago in 2008. This technology ever since its inception has rapidly been utilised for several other applications ranging from healthcare, blockchain governance, to even blockchain music.
[This post has been authored by Ujjawal Bhargava, a fourth-year student at the Institute of Law, Nirma University, Ahmedabad.]
Copyright is a right provided to the creators of literary, artistic, dramatic and musical works as well as to the producers of sound recordings and cinematographic films. The rights of the creators include inter alia, right of reproduction, adaptation, and translation of work and communication to the public. However, despite the bundle of rights to provided to the authors, they are infrequently utilized even their copyright is infringed. The reasons for the this include lack of transparency about the legal status of copyrighted work, lack of knowledge about the right owner and piracy, etc. The status quo can be appropriately described “like having the keys and title to your car, but not knowing where it’s parked: in theory you own it, however in practice you cannot use it in the intended way.”
Welcome to our fortnightly newsletter, where our reporters Kruttika Lokesh and Dhananjay Dhonchak put together handpicked stories from the world of tech law! You can find other issues here.
In an increasingly globalised world, major retail companies like Amazon have reached even the most inaccessible places. The consumers that are exposed to e-commerce companies can only be protected in the presence of increased accountability. The newly issued E-Commerce Rules set up a Central Consumer Protection Authority to police companies that violate consumer rights. Misleading ads and unfair trade practices are prevented as e-retailers have to mandatorily disclose return, refund, warranty, exchange, guarantee, delivery and grievance redressal details. Henceforth, prices of products cannot be manipulated to produce unreasonable profits for companies. These rules apply to retailers either registered in India or abroad.
[This post has been authored by Jalaj Jain of the Gujarat National Law University (GNLU), Gandhinagar.]
In the past decade, ‘consumer personal data’ has transformed from a mere tool of service to a ‘social currency’. Creation of regulatory barriers to determine the legal right of ownership and storage of data impacts consumer behaviour, stock markets and national elections. Indian authorities are struggling to introduce robust regulations, as they have failed to settle the debate regarding advantages and disadvantages of ‘cross border data flows’. On June 29th, 2020, Ministry of Electronics and Information Technology stated that under section 69A of the Information Technology Act, it had imposed a ban on 59 Chinese applications. Data security and privacy of millions of Indian citizens were cited as the main reasons for the questionable ban; contributing to the rising tensions between India and China. While such ban has both economic and security implications, the larger concern is to determine India’s stance on cross border data flows.
Welcome to our fortnightly newsletter, where our reporters Kruttika Lokesh and Dhananjay Dhonchak put together handpicked stories from the world of tech law! You can find other issues here. [Ed Note: This newsletter has been prepared by Dhananjay Dhonchak and Sanchit Khandelwal]
Paytm has knocked the doors of the Delhi High Court complaining that the telecom operators are not taking action against fraudsters carrying out phishing activities under Paytm’s name. The petitioner has claimed that its users are being duped using unsolicited commercial communications (UCC) in the form of SMS or voice calls made over telecom companies’ networks.
[This post has been authored by Urmil Shah and Vishwa Mukhtyar, 3rd year students at Auro University, Surat.]
With the growth in economic activities in digital space, the e-commerce industry has gained traction in the last decade and revenue from the sector is expected to shoot USD 120 billion by 2020. Realizing the anti-competitive concerns arising out of the inventory model of e-commerce, whereby the platforms can hold inventory and sell directly to consumers, the DPIIT has disallowed FDI and permitted 100% FDI under automatic route for marketplace model. The Indian anti-trust regulator CCI, in January 2020, released a detailed report on understanding the modus operandi of e-commerce operations in India and the anti-trust ramifications in the market. The focus of the study was on e-commerce marketplace platforms in sector of goods food delivery and accommodation service. Certain competition issues are akin to this sector, which creates a novel groundwork for regulatory supervision for competition authorities includes:
[This post has been authored by Harshit Goyal, currently in his 3rd year at National Law School of India University, Bangalore.]
Imagine that you get to know about a cryptocurrency that had been launched recently and has been selling like hotcakes. The price of this token has been on a steep rise, and thus, you also decide to invest a dear amount in it. How will you feel if the value of this cryptocurrency plummets the very next day to rock bottom? Worse, how will you feel if you get to know that the law had done absolutely nothing to prevent such a situation?