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Examining the Rise of the ‘Splinternet’

Posted on December 10, 2020December 8, 2020 by Tech Law Forum NALSAR

[Ed Note: The following post is part of the TLF Editorial Board Test 2020-21. It has been authored by Manasvin Andra, a fourth year student of NALSAR University of Law.]

Data localisation laws have been on the rise in recent years. Since Edward Snowden’s revelations regarding the National Security Agency’s PRISM program, states have begun associating informational security with the need to retain data within their territories. The list of countries insisting on data localisation is long, including Brazil, Germany, Russia and South Korea. India is also on the path to adopting localisation norms, primarily through the revised Personal Data Protection Bill, 2019.

Algorithm Based Systems and the State: A Brief Inquiry

Posted on November 13, 2020November 13, 2020 by Tech Law Forum NALSAR

[Ed Note: The following post is part of the TLF Editorial Board Test 2020-21. It has been authored by Harsh Tripathi, a second year student of NALSAR University of Law.]

Picture this: A computer software, running on AI-based algorithms, has been deployed to scrutinize housing applications. However, the applications filed by the members of a particular community or people with a particular sexual identity are constantly rejected while most allocations are being made to the members of a different community.

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.

A Letter to MeitY

Posted on July 14, 2020July 14, 2020 by Tech Law Forum @ NALSAR

In a recent decision, the Government of India banned 59 Chinese Applications under Section 69A of the Information Technology Act, 2000 read with relevant provisions of the Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules 2009. This ban was imposed as an interim measure on the ground that the concerned applications were “engaged in activities which are prejudicial to the sovereignty and integrity of India, defence of India, security of state and public order.” In lieu of this imposition, the Technology Law Forum of NALSAR University of Law (“Forum”) authored a letter to Shri Ajay Prakash Sawhney (Secretary, Ministry of Electronics and Information Technology) on 6 July 2020, expressing concerns and seeking clarifications about the ban.

Firstly, the Forum asserted that the power under Section 69A of the Information Technology Act and its corresponding Rules is meant to be exercised for imposing content-based restrictions on the internet, and not for sweeping bans on entire applications. Secondly, the Forum pointed out that the Government had failed to make public a reasoned order justifying how the ban was reasonable and proportionate under Article 19 of the Constitution. Thirdly, the Forum noted that while some of the banned applications like TikTok and Weibo did have data protection and privacy concerns, others like Kwai did not have any such concerns or history of data leaks. To this end, it noted that a sweeping ban was arbitrary, more so in the absence of any data protection law supporting it. Fourthly, the Forum called upon the Government to clarify whether the ban was imposed under the exception framework of the GATT or the GATS, and to demonstrate how this ban was non-discriminatory under international law. Lastly, the Forum pointed out that many of the banned applications such as TikTok and Kwai were extremely popular in India’s semi-urban and rural areas, serving as a much-needed outlet of self-expression and source of income for marginalised communities. Accordingly, the Forum requested the Ministry of Electronics and Information Technology to consult with deprived user-stakeholders before arriving at the final decision.

How Facial Recognition Systems Threaten the Right to Privacy

Posted on June 27, 2020November 1, 2020 by Tech Law Forum @ NALSAR

[This post has been authored by Prajakta Pradhan, a 1st year student at Dr. Ram Manhar Lohiya National Law University (RMLNLU), Lucknow.]

Facial recognition involves the use of face mapping techniques to identify an individual’s facial features and compares it with available databanks. The facial recognition market is expected to grow to $7.7 billion in 2022 from $4 billion in 2017. The reason for this stellar growth is the varied application of facial recognition technology in both private and public sectors, with governments of many countries using facial recognition for law enforcement and surveillance.

Abrogating Self-Regulation of E-Commerce Marketplaces: An Analysis of CCI’s Market Study

Posted on June 17, 2020November 1, 2020 by Tech Law Forum @ NALSAR

[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:

Examining Artificial Intelligence and Privacy in the light of COVID-19

Posted on May 13, 2020November 1, 2020 by Tech Law Forum @ NALSAR

[This post has been authored by Suvam Kumar, a 3rd year student at National Law University, Jodhpur.]

The COVID-19 pandemic has exposed the frailty of mankind’s societies and systems. In spite of tremendous progress made by humans in several fields of life, we are rendered helpless by the rapid and uncontrolled spread of the coronavirus. In these crucial times, the role of Artificial intelligence (“AI”) becomes very important and countries like China, USA, Canada, Australia, and India have leaned on AI to fight the pandemic. The use of AI has also been approved by the World Economic Forum (“WEF”) which has emphasized the role of AI as a panacea to fight this pandemic. However, the widespread use of AI is not without its own challenges and risks. There are serious concerns regarding the application of AI in the health sector especially during a pandemic like COVID-19; however, they can be mitigated by utilizing a legal regime that regulating AI effectively and conscientiously.

Blockchain in the paradigm of GDPR (Part II)

Posted on April 9, 2020April 29, 2020 by Tech Law Forum @ NALSAR

[This is the second part of a two-part article by Muskan Agarwal (National Law Institute University, Bhopal) and Arpita Pandey (National Law Institute University, Bhopal). Part 1 can be found here.]

Previously, the authors looked at the contradictions between blockchain and GDPR with regard to the principal obligations enlisted in GDPR. In this post, the authors will carry out a feasibility assessment of the solutions proposed.

Blockchain in the Paradigm of GDPR (Part I)

Posted on April 9, 2020April 29, 2020 by Tech Law Forum @ NALSAR

[This is the second part of a two-part article by Muskan Agarwal (National Law Institute University, Bhopal) and Arpita Pandey (National Law Institute University, Bhopal).]

This is the first part of a two-part post that undertakes an analysis of the points of friction present between the fundamentals of blockchain technology and GDPR and of the various solutions that have been proposed to address the inconsistencies.