Technology Archives - Tech Law Forum @ NALSAR

Open Banking in India & the Need for Setting Uniform Standards in Usage of APIs

Posted on November 20, 2020November 20, 2020 by Tech Law Forum NALSAR

[This post has been authored by Vaibhav Parikh, Legal Counsel at ICICI Bank. Views are personal]

The value of online/ mobile banking rose from INR 69.47 billion in 2016-17 to INR 21,317 billion in 2019-20. Providing data access to third-party firms by banks and other financial institutions has proved to be one of the important reasons for such rapid development in online/ mobile banking, since it has allowed for introduction of innovative financial services and products to customers (Basel Committee Report on Open Banking, Page 8); such as seamless payments transmission between accounts at different banks, instant payments using Unified Payments Interface (“UPI”) and aggregation of all financial accounts onto one dashboard. Gradually, the delivery of financial services and products is also being offered by non-banking third parties, such as fintech firms. These developments are aspects of open banking and are continuously evolving in nature.

Demystifying the cryptic Relationship between Blockchain and Arbitration

Posted on October 31, 2020November 1, 2020 by Tech Law Forum @ NALSAR

[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.

Managing Regulatory Turbulence: Of Privacy, Consent and Drones

Posted on October 29, 2020November 13, 2020 by Tech Law Forum @ NALSAR

[Samraat Basu is a technology and data protection lawyer and Naveen Jain is a corporate lawyer specialising in M&A and PE/VC funding.]

The Indian regulatory landscape regarding the use of remotely piloted and autonomous drones has been evolving over the last few years. In June, the Government of India released the draft Unmanned Aircraft System Rules, 2020 (“UAS Rules”) to regulate the use of drones.

Employing Blockchain Technology To Systematize Organ Donation in India

Posted on September 27, 2020September 27, 2020 by Tech Law Forum @ NALSAR

[This post has been authored by Sindhu A., a final year student at School of Law, Christ University.]

In terms of organ donation, India is ranked among the lowest globally, with an organ donation rate of a mere 0.86 donors per million. According to a recent study, around 5,00,000 people need organ transplantation every year and 90 percent of the people on the waiting list die without receiving an organ. India was known as the most common source of organ trade and although there was a gradual decline with the enactment of legislations, the illegal underground market persists as a looming threat. The above-mentioned statistics indicate the need for a fundamental change in the way the Indian organ network operates. One of the most efficient ways to remedy this is to appropriate blockchain technology to better manage organ donation and allocation.

Online Dispute Resolution and the Role of Artificial Intelligence: A General Perspective

Posted on August 30, 2020November 1, 2020 by Tech Law Forum @ NALSAR

[This post has been authored by Samarth Srivastava, a 3rd year student at the West Bengal National University of Juridical Sciences.]

In the 21^st Century, almost all routine, manual jobs like manufacturing and driving may become automated. Simultaneously, the potential of Artificial Intelligence (AI) is expected to grow, and these changes will be felt in the legal sector as well. In 2016, a report by Deloitte UK estimated that 39% per cent of jobs in the legal sector may be automated in the next ten years and that the industry will undergo profound reforms.[1] One field in which AI has had a significant impact recently is Alternative Dispute Resolution (ADR), specifically when disputes are filed and resolved online (hereafter ODR). With respect to ODR, AI has made the resolution process faster by making the filing of claims more convenient, and by improving the process of human decision-making.

Metadata by TLF: Issue 13

Posted on July 1, 2020December 20, 2020 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.

Technology and CPC (Part II)

Posted on February 3, 2020November 1, 2020 by Tech Law Forum @ NALSAR

This is the second part of a two-part article by Ankush Rai, a 3rd year student at NALSAR University of Law. Part 1 can be found here.

In the previous post, the author addressed courts’ initiative in deploying technology in civil litigation to issue summons to parties. This part deals with the topic of e-filing, and discusses the advantages of such integration along with the precautions that need to be observed with respect to the same.

Technology and CPC (Part I)

Posted on February 3, 2020May 27, 2020 by Tech Law Forum @ NALSAR

[This is the first part of a two-part article by Ankush Rai, a 3rd year student at NALSAR University of Law.]

In a recent case, the Delhi High Court accepted that summons could be served by WhatsApp and also stated that a ‘double tick’ would prima facie imply that summons have been duly delivered. This case serves as an example of how courts in India have gradually allowed for summons to be served through various electronic means. Additionally, this case also brings forth two larger points for consideration. Firstly, law and society are constantly in flux and one should adapt to the changes in the other. In this case, the law has adapted to the technological changes in society with the help of courts. Secondly, technology can be used to fulfil the larger objectives of law and justice in an effective and efficient manner. Herein, sticking to the ancient and rigid means of delivering summons would have further delayed the disposal of the case. By accepting WhatsApp messages as summons the Court fulfilled the larger objective of an efficient and speedy trial.

Protection for non-expressive use in India

Posted on January 13, 2020January 13, 2020 by Tech Law Forum @ NALSAR

This post has been authored by Unmekh Padmabhushan, a final year student of National Law University, Jodhpur.

Machine learning is the process by which a piece of software is able to expand upon its capabilities and knowledge in a self-driven manner without any significant human input. This technology has been used, for example, in disaster warning systems and in driverless cars. Another scholarly use of such technology allows robots to derive patterns and significant correlations from enormous databases of texts in a manner impossible for human beings. This has led to led to an explosion in the ability of those working in the field of the humanities to analyse data like their natural sciences counterparts have done for years. [1]

Welcoming The Era of Technology Friendly Laws in India

Posted on January 2, 2020November 1, 2020 by Tech Law Forum @ NALSAR

This brief introduction to regulation of autonomous vehicles has been authored by Khushi Sharma and Aarushi Kapoor, second year students of Hidayatullah National Law University (HNLU), Raipur. [Ed. Note: This article was written before the 2019 Personal Data Protection Bill had been made public. Click here for the new Bill.]

India being the 7^th largest manufacturer of commercial vehicles in the year 2017-18, coupled with its automobile sector which is the 4^th largest in the world, are key factors driving India’s economic growth. Technological advancement is both a cause and effect of this growth. Innovative minds rule India and the world today to such an unimaginable extent that the very idea of acar running by itself with onejust sitting back and relaxing, now seems a reality. The debut of driverless vehicles in India was at Defexpo 2016 in New Delhi where Novus Drive, a driverless shuttle was introduced. However, a recurring question is ‘Are we really ready yet?’