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Search Results for: data protection

Law Enforcement v. End-to-End Encryption

Posted on April 2, 2017August 11, 2017 by Kaustub Neil Singh Bhati

The age of digital communications with all its power to reach people instantly, anywhere on the globe, still has shortcomings. The instant communications happening all around us through laptops or mobiles involve two crucial processes i.e. encryption and decryption. These two processes are fundamental to the transfer of our voice and messages to the designated recipient anywhere around the world. While data resides on our devices or when it is being transferred, it is susceptible to interception by government or any other third party. Government intercepts these signals of communications, of the people suspected of wrongdoing with judicial permissions but this ability of the governments to gather intel by intercepting communications has hit a wall with the mass use of end-to-end encryption. The E2EE makes it highly improbable if not impossible to intercept such transmission and here lies the bone of contention between law enforcement and the public use of end-to-end encryption.

In a post-Snowden world, there has been relatively more awareness and interest in the right to privacy regarding digital communications; and in knowing when the government can snoop-in on personal conversations. A majority of the communications taking place today are digital and involve two crucial processes i.e. encryption and decryption. Encryption (which is conversion of information into a code) happens when a message/call is initiated. At the same time, decryption (conversion of code back into useful information) happens when the message/call is received by the recipient. There are multiple nuances in this process; both in the technological aspect and the legal aspect.

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Kill the Kill Switch

Posted on March 21, 2017August 11, 2017 by Vishal Rakhecha

India is at the third position in a list with some of the most ‘democratic’ countries like Syria, Saudi Arabia, etc. Internet shutdowns can have some serious free speech and free association implications, which is why it is necessary to have clear and precise regulations to ensure that this power is not used arbitrarily and unreasonably.

The internet has grown from being just a communication medium to becoming a marketplace, an entertainment source, a news centre, and much more. At any given moment, there are thousands of gigabytes of information travelling across the planet. But all of this comes to a standstill when the internet shuts down. An internet shutdown is a government-enforced blanket restriction on the use of internet in a region for a particular period of time. The reasons vary from a law and order situation to a dignitary visiting the place. There is a requirement for an analysis into whether such shutdowns can be justified, even on the direst of grounds.

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Cashless Societies: Causes for Concern

Posted on January 21, 2017August 11, 2017 by vanlalvena

cashless_society-infographic

 Source: CNN

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YouTube’s Copyright Policy – An Explanation

Posted on October 20, 2016 by Balaji Subramanian

Ed. Note: This post by Ashwin Murthy is a part of the TLF Editorial Board Test 2016.

Digital media has become the norm of the modern world and in the field no website is as dominant as YouTube. YouTube, currently a Google subsidiary, controls the market when it comes to video sharing, outpacing the other video-sharing providers by millions of views and users. YouTube presently has more than a billion users and has even allowed the growth of a new career in YouTube personalities, the most famous being PewDiePie. As a natural product of being a video sharing service, multiple videos use content that is copyright protected.

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RELIANCE JIO: REGULATORY AND PRIVACY IMPLICATIONS

Posted on September 24, 2016 by Balaji Subramanian

Ed. Note.: This post, by Sayan Bhattacharya, is a part of the NALSAR Tech Law Forum Editorial Test 2016.

In the world of technology dominated by a power struggle in terms of presence and absence in data circles, Reliance Jio has probably made the biggest tech news of the year with its revolutionary schemes. By adopting a loss-leader strategy of immediate loss and ultimate dominance, Reliance Jio has promised its subscribers stellar features like free voice calls, extremely cheap data packages, abolition of national roaming  charges and striking down extra rates on national holidays on shifting to its network. This is set to significantly affect competition by taking India’s data scenario from a data scarcity to data abundance mode.

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LEGAL ISSUES SURROUNDING SEARCH ENGINE LIABILITY

Posted on September 24, 2016 by Balaji Subramanian

Ed. Note.: This post, by Sayan Bhattacharya, is a part of the NALSAR Tech Law Forum Editorial Test 2016.

Search engines which are quintessential to our internet experience are mechanisms of indexing and crawling through data to provide us with a list of links which are most relevant to both our present and past searches. Figuratively, its functions range from directing users to seats in a movie hall to being the very seat in the movie hall.

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REGULATIONS FOR SELF-DRIVING CARS

Posted on September 24, 2016 by Balaji Subramanian

Ed. Note.: This post, by Vishal Rakhecha, is a part of the NALSAR Tech Law Forum Editorial Test 2016.

Self-driving cars have for long been a thing of sci-fi, but now with companies like Uber, Google, Tesla, Mercedes, Audi and so many more conducting research in this field they don’t seem as unrealistic. Self- driving cars are vehicles which do not require human supervision, with autonomy of varying degrees. Such technology is already present -to a limited extent – in the form of cruise control, parking assist, etc. The creation of such technology would inevitably require a sound system of rules and regulations. These laws among other things must be capable of setting a set of standards for the companies, securing the physical safety and protecting the privacy of the end user. Presently Motor Vehicles Act, 1988 and Central Motor Vehicles Rules, 1989 are the only rules related to automobiles. These laws are inadequate in terms of their application to autonomous cars. This article deals with the changes in the law which may be required to deal with challenges which this new technology may present. These modifications will be essential to ensure the protection of all stakeholders when these contraptions do come on Indian streets. This article will deal with regulations of self-driving cars of level 3 and 4.

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AADHAR AND THE RIGHT TO PRIVACY

Posted on September 24, 2016May 7, 2022 by Balaji Subramanian

Ed. Note.: This 101, by Vishal Rakhecha, is a part of the NALSAR Tech Law Forum Editorial Test 2016.

The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 or simply the Aadhaar Act passed in the Lok Sabha to facilitate the transfer of benefits and services to the individuals. This is done by giving them Unique Identification Numbers. At first glance Aadhaar seems like a brilliant scheme to ensure that the tax payer’s money does not end in the wrong hands. But the provisions in the Act raise some serious concerns about the way it can be used by the state to encroach upon the right to privacy of individuals. Apart from this the centrally maintained system to save the data in the Central Identities Data Repository makes it vulnerable to cyber-attacks. The huge uproar against the government is also because of the way Aadhaar was passed, as a money bill, despite the fact that it does not qualify for the same.

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Battling Goliath: An Analysis of the National Privacy Principles (Part II: Principles Five to Nine)

Posted on November 9, 2014 by Kartik Chawla

(Image Source: https://flic.kr/p/igPaVp)

This is the second in a two-part post on the National Privacy Principles. This post deals with Principles Five through Nine. Footnotes are especially important.
Disclaimers: I have taken a bit of artistic license with these two posts, so do allow for that. Feedback, comments, recommendations, are welcome.

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The Concept of a Software Patent in India

Posted on November 9, 2014 by Shantanu Mathur

Image Source (9 to 5 Mac, available at http://goo.gl/igU7Bd)

A new challenge to the legal profession, particularly in the domain of intellectual property rights, has been that of examining the idea of a software. New software, with varying levels of originality or innovation is created every day. If you made one unlike anybody else ever had before, would you patent it or copyright it? What would be the extent of protection granted by whichever one that you (or the law in your jurisdiction) choose? Should such a right even be given to the innovators? This piece will take a look at the Indian law, establish a position and also discuss changes that can be made to it.

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