Network Neutrality () refers to a network wherein participants are effectively blind to the nature of data flowing through the network. Another way of defining NN is a network wherein participants are restricted from differential treatment of data flow. Please understand that the definitions provided above are, in cliché speak, two sides of the same coin. Even if a participant can distinguish the nature of data flowing through a network, the participant is considered to be effectively blind, if said participant doesn’t interfere with the data flow. I have discussed the basic concepts and issues surrounding NN here.
Search Results for: data protection
Is Protecting Internet Intermediaries and Forgetting their Users Wrong
Ed Note: The following is a guest post by Abhijeet Singh Rawaley, a student of NALSAR University of Law.
The law surrounding online intermediary liability in cases concerning copyright infringement has posed a major interpretive challenge in Indian jurisprudence. The division bench of the Hon’ble High Court of Delhi in its 2016 December judgment attempted to resolve the same in MySpace Inc. v. Super Cassettes Industries Ltd. While the case dealt with a host of issues in copyright law, this post shall limit its analysis and critique the judgment on its discussion and holding concerning the role played by online intermediaries. It is devoted to understanding as to how we can create a framework of internet governance that not only protects intermediaries where they deserve and merit protection from liability, but also makes them more accountable and responsible actors who wield significant command over a valuable media such as the internet. The interpretative impediment in the case arose due to the prima facie discord between Section 79 and the proviso to Section 81 of the Information Technology Act, 2000.
Financial Technology: The Industry of Innovation
Ed. Note: This post by Shweta Rao is a part of the TLF Editorial Board Test 2018
In this Age of Digitalization, technological innovation has permeated nearly every profession. In particular, the financial services sector has seen a monumental surge in the amalgamation between traditional financial services and a variety of technological advancements. This cross-over between the two is known as Financial-Technology (dubbed as FinTech).
Law Enforcement v. End-to-End Encryption
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.
Kill the Kill Switch
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.
Cashless Societies: Causes for Concern
YouTube’s Copyright Policy – An Explanation
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.
RELIANCE JIO: REGULATORY AND PRIVACY IMPLICATIONS
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.
LEGAL ISSUES SURROUNDING SEARCH ENGINE LIABILITY
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.
REGULATIONS FOR SELF-DRIVING CARS
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.