A student-run group at NALSAR University of Law
[This post is authored by Sohina Pawah, a second-year student at the NALSAR University of Law, who is also an Editor for the TLF]
Back in June 2022, the Ministry of Electronics and Information Technology (“MeitY”) had first released the proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules 2021”) for public consultation. Recently, the MeitY notified the Amendments to Parts I and II of the IT Rules 2021 by introducing the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022 (“IT Amendment Rules, 2022”). The IT Amendment Rules 2022 aim at the regulation of social media intermediaries by increasing the burden of their compliance, and ensuring that the safe harbours provided to them are not abused. On the whole, the Rules aim at strengthening the protective framework for the “netizens’ interests” by prioritising their fundamental rights under Articles 14,19, and 21 of the Indian Constitution.
[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.
[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.
[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.
[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.
[This post has been authored by Samarth Srivastava, a 3rd year student at the West Bengal National University of Juridical Sciences.]
In the 21st 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.
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 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.
[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.