Category: Surveillance

CERT-In Directions on Cybersecurity, 2022: For the Better or Worse?

Posted on by Tech Law Forum NALSAR

This post is authored by Raj Shekhar, a fourth-year student from National University of Study and Research in Law, Ranchi

The Indian Computer Emergency Response Team (“CERT-In”), on 28th April 2022, issued new directions (“Directions 2022”) under the powers conferred to it by Section 70B(6) of the Information Technology Act, 2000 (“IT Act”). The Directions 2022 have sought to improve cyber-security by incorporating stringent provisions ranging from breach reporting to data retention for security purposes. Owing to its status as the national agency for the upkeep of cyber security, as per provisions of Section 70B of the IT Act, the CERT-In is also empowered to call for information and give directions to any service provider, intermediary, data centre, body corporate and Government organisation (“Entities”). However, while the Directions 2022 have received applause from many cyber security experts owing to the expedited and stringent measures for blocking and identifying cyber security threats, there have been criticisms on grounds of privacy infringement, over-regulation, etc. as well. In light of the same, this article tries to evaluate the criticisms and analyse if the Direction are ushering us into a solely optimistic cybersecurity and data regime.

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The Internet and Marginalised Genders: A Comment in view of the Intermediary Guidelines, 2021

Posted on by Tech Law Forum NALSAR

[Varsha Singh is a fifth-year law student and contributing editor at robos of Tech Law and Policy, a platform for marginalized genders in the technology law and policy field. This essay is part of an ongoing collaboration between r – TLP and the NALSAR Tech Law Forum Blog and is the third post in the series. Previous entries can be found here.]

We live an increasingly online everyday life. Today, internet platforms are at the helm of conversations, dominating interactions and impacting relationships between social actors. These platforms’ power and control play a role in furthering fundamental values such as the right to communication and access to knowledge and information. Policies that govern this control, both at self-regulatory and state levels, should ensure the protection of such rights and freedoms while ensuring that users can reap these platforms’ benefits. The Ministry of Electronics and Information Technology recently published Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 to regulate intermediaries. While these guidelines adversely affect users’ rights and freedoms in general, the adverse effect is amplified manifold when it comes to marginalised genders, especially in light of India’s socio-political and cultural contexts.

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Data Exploitation and Discrimination Through “Empowering” Femtech Apps

Posted on by Tech Law Forum NALSAR

[The following post has been authored by Yashaswini Santuka, a third year student of NALSAR University of Law. This essay is part of an ongoing collaboration between r – TLP and the NALSAR Tech Law Forum Blog and is the second post in the series. The first entry can be found here, and the rest of series is available here.]

Female healthcare and technology related to it, like other women-centric issues, are often suppressed and kept away from the spotlight. This is the result of years of direct and indirect suppression of women and their autonomy (bodily or otherwise), which has results in an increase in the popularity of technology aimed at “empowering” women. However, if the goal of tech-empowered, health tracking apps is to enable people to make informed medical choices, femtech companies have built apps that go beyond this goal. They have managed to successfully blur the line between healthcare and technology, going so far as to becoming apps designed primarily for men and violating the privacy of those it was meant to benefit. This article seeks to address the blatantly discriminatory nature of these apps, the privacy issues that come with entering data into the apps and the legal protection that users are entitled to.

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A Surveillance Story

Posted on 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 20th 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.

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Metadata by TLF: Issue 15

Posted on by Tech Law Forum @ NALSAR

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.

PIL filed seeking identities of content moderation officers

Former RSS ideologue K N Govindacharya filed a public-interest litigation in the High Court of Delhi to prompt Google, Twitter and Facebook to disclose identities of designated content moderation officers on the basis of the Information Technology Rules. In response, Google submitted that the officers worked with government authorities to remove illegal content. Govindacharya claimed that without disclosure of the officers’ identities, no mechanisms to enforce obligations could not be adequately instituted. However, Google responded by stating that revealing the identities of officers would jeopardize their capacity to work efficiently with the government, as they would be exposed to public scrutiny and criticism.

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Metadata by TLF: Issue 13

Posted on by Tech Law Forum @ NALSAR

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 approaches Delhi HC alleging lack of action by telecom companies against phishing

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.

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India’s 5G Trial: The Case for Huawei’s Exclusion

Posted on by Tech Law Forum @ NALSAR

[This post has been authored by Sarthak Gupta of the Institute of Law, Nirma University.]

5G is the next big change awaiting mankind. It is not just an incremental change but rather represents a paradigm shift in technology. Among other things, it is going to have a huge impact on the national and economic security of countries. As a result, a safe and reliable framework for the development of 5G technology is very much critical for a nation’s ability to preserve its sovereignty.

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