Skip to content

Tech Law Forum @ NALSAR

A student-run group at NALSAR University of Law

Menu
  • Home
  • Newsletter Archives
  • Blog Series
  • Editors’ Picks
  • Write for us!
  • About Us
Menu

Tag: WhatsApp

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.

Read more

Metadata by TLF: Issue 7

Posted on November 14, 2019December 20, 2020 by Tech Law Forum @ NALSAR

Welcome to our fortnightly newsletter, where our Editors put together handpicked stories from the world of tech law! You can find other issues here.

Israel spyware ‘Pegasus’ used to snoop on Indian activists, journalists, lawyers

In a startling revelation, Facebook owned messaging app WhatsApp revealed that a spyware known as ‘Pegasus’ has been used to target and surveil Indian activists and journalists. The revelation came to light after WhatsApp filed a lawsuit against the Israeli NSO Group, accusing it of using servers located in the US and elsewhere to send malware to approximately 1400 mobile phones and devices. On its part, the NSO group has consistently claimed that it sells its software only to government agencies, and that it is not used to target particular subjects. The Indian government sought a detailed reply from WhatsApp but has expressed dissatisfaction with the response received, with the Ministry of Electronics and Information Technology stating that the reply has “certain gaps” which need to be further investigated.

Further reading:

  1. Sukanya Shantha, Indian Activists, Lawyers Were ‘Targeted’ Using Israeli Spyware Pegasus, The Wire (31 October 2019).
  2. Seema Chishti, WhatsApp confirms: Israeli spyware was used to snoop on Indian journalists, activists, The Indian Express (1 November 2019).
  3. Aditi Agrawal, Home Ministry gives no information to RTI asking if it bought Pegasus spyware, Medianama (1 November 2019).
  4. Shruti Dhapola, Explained: What is Israeli spyware Pegasus, which carried out surveillance via WhatsApp?, The Indian Express (2 November 2019).
  5. Akshita Saxena, Pegasus Surveillance: All You Want To Know About The Whatsapp Suit In US Against Israeli Spy Firm [Read Complaint], LiveLaw (12 November 2019).

RBI raises concerns over WhatsApp Pay

Adding to the WhatsApp’s woes in India, just after the Israeli spyware Pegasus hacking incident, The RBI has asked the National Payments Corporation of India (NPCI) not to permit WhatsApp to go ahead with the full rollout of its payment service WhatsApp Pay. The central bank has expressed concerns over WhatsApp’s non-compliance with data processing regulations, as current regulations allow for data processing outside India on the condition that it returns to servers located in the country without copies being left on foreign servers.

Further Reading:

  1. Karan Choudhury & Neha Alawadhi, WhatsApp Pay clearance: RBI raises concerns data localisation concerns with NPCI, Business Standard (7 November 2019).
  2. Aditi Agarwal, ‘No payment services on WhatsApp without data localisation’, RBI to SC, Medianama (9 October 2019).
  3. Sujata Sangwan, WhatsApp can’t start payments business in India, YOURSTORY (9 November, 2019).
  4. Yatti Soni, WhatsApp Payments India Launch May Get Delayed Over Data Localisation Concerns, Inc42 (9 October 2019).
  5. Priyanka Pani, Bleak future for messaging app WhatsApp’s payment future in India, IBS Intelligence (9 November 2019).

Kenya passes new Data Protection Law

The Kenyan President, Uhuru Kenyatta recently approved a new data protection law in conformity with the standards set by the European Union. The new bill was legislated after it was found that existing data protection laws were not at par with the growing investments from foreign firms such as Safaricom and Amazon. There was growing concern that tech giants such as Facebook and Google would be able to collect and utilise data across the African subcontinent without any restrictions and consequently violate the privacy of citizens. The new law has specific restrictions on the manner in which personally identifiable data can be handled by the government, companies and individuals, and punishment for violations can to penalties of three million shillings or levying of prison sentences.

Further reading:

  1. Duncan Miriri, Kenya Passes Data Protection Law Crucial for Tech Investments, Reuters (8 November 2019).
  2. Yomi Kazeem, Kenya’s Stepping Up Its Citizens’ Digital Security with a New EU-Inspired Data Protection Law, Quartz Africa (12 November 2019).
  3. Kenn Abuya, The Data Protection Bill 2019 is Now Law. Here is What that Means for Kenyans, Techweez (8 November 2019).
  4. Kenya Adds New Data Regulations to Encourage Foreign Tech Entrants, Pymnts (10 November 2019).

Google gains access to healthcare data of millions through ‘Project Nightingale’

Google has been found to have gained access data to the healthcare data of millions through its partnership with healthcare firm Ascension. The venture, named ‘Project Nightingale’ allows Google to access health records, names and addresses without informing patients, in addition to other sensitive data such as lab results, diagnoses and records of hospitalisation. Neither doctors nor patients need to be told that Google an access the information, though the company has defended itself by stating that the deal amounts to “standard practice”. The firm has also stated that it does not link patient data with its own data repositories, however this has not stopped individuals and rights groups from raising privacy concerns.

Further reading:

  1. Trisha Jalan, Google’s Project Nightingale collects millions of Americans health records, Medianama (12 November 2019).
  2. Ed Pilkington, Google’s secret cache of medical data includes names and full details of millions – whistleblower, The Guardian (12 November 2019).
  3. James Vincent, The problem with Google’s health care ambitions is that no one knows where they end, The Verge (12 November 2019).
  4. Rop Copeland & Sarah E. needlemen, Google’s ‘Project Nightingale’ Triggers Federal Inquiry, Wall Street Journal (12 November 2019).

Law professor files first ever lawsuit against facial recognition in China

Law professor Guo Bing sued the Hangzhou Safari Park after it suddenly made facial recognition registration a mandatory requirement for visitor entrance. The park had previously used fingerprint recognition to allow entry, however it switched to facial recognition as part of the Chinese government’s aggressive rollout of the system meant to boost security and enhance consumer convenience. While it has been speculated that the lawsuit might be dismissed if pursued, it has stirred conversations among citizens over privacy and surveillance issues which it is hoped will result in reform of existing internet laws in the nation.

Further reading:

  1. Xue Yujie, Chinese Professor Files Landmark Suit Against Facial Recognition, Sixth Tone (4 November 2019).
  2. Michael Standaert, China wildlife park sued for forcing visitors to submit to facial recognition scan, The Guardian (4 November 2019).
  3. Kerry Allen, China facial recognition: Law professor sues wildlife park, BBC (8 November 2019).
  4. Rita Liao, China Roundup: facial recognition lawsuit and cashless payments for foreigners, TechCrunch (10 November 2019).

Twitter to ban all political advertising

Twitter has taken the decision to ban all political advertising, in a move that increases pressure on Facebook over its controversial stance to allow politicians to advertise false statements. The policy was announced via CEO Jack Dorsey’s account on Wednesday, and will apply to all ads relating to elections and associated political issues. However, the move may only to prove to have symbolic impact, as political ads on Twitter are just a fraction of those on Facebook in terms of reach and impact.

Further reading:

  1. Julie Wong, Twitter to ban all political advertising, raising pressure on Facebook, The Guardian (30 October 2019).
  2. Makena Kelly, Twitter will ban all political advertising starting in November, The Verge (30 October 2019).
  3. Amol Rajan, Twitter to ban all political advertising, BBC (31 October 2019).
  4. Alex Kantrowitz, Twitter Is Banning Political Ads. But It Will Allow Those That Don’t Mention Candidates Or Bills., BuzzFeed News (11 November 2019).

Read more

Metadata by TLF: Issue 4

Posted on September 10, 2019December 20, 2020 by Tech Law Forum @ NALSAR

Welcome to our fortnightly newsletter, where our Editors put together handpicked stories from the world of tech law! You can find other issues here.

Facebook approaches SC in ‘Social Media-Aadhaar linking case’

In 2018, Anthony Clement Rubin and Janani Krishnamurthy filed PILs before the Madras High Court, seeking a writ of Mandamus to “declare the linking of Aadhaar of any one of the Government authorized identity proof as mandatory for the purpose of authentication while obtaining any email or user account.” The main concern of the petitioners was traceability of social media users, which would be facilitated by linking their social media accounts with a government identity proof; this in turn could help combat cybercrime. The case was heard by a division bench of the Madras HC, and the scope was expanded to include curbing of cybercrime with the help of online intermediaries. In June 2019, the Internet Freedom Foundation became an intervener in the case to provide expertise in the areas of technology, policy, law and privacy. Notably, Madras HC dismissed the prayer asking for linkage of social media and Aadhaar, stating that it violated the SC judgement on Aadhaar which held that Aadhaar is to be used only for social welfare schemes. 

Facebook later filed a petition before the SC to transfer the case to the Supreme Court. Currently, the hearing before the SC has been deferred to 13 September 2019 and the proceedings at the Madras HC will continue. Multiple news sources reported that the TN government, represented by the Attorney General of India K.K. Venugopal, argued for linking social media accounts and Aadhaar before the SC. However, Medianama has reported that the same is not being considered at the moment and the Madras HC has categorically denied it.

Further Reading:

  1. Aditi Agrawal, SC on Facebook transfer petition: Madras HC hearing to go on, next hearing on September 13, Medianama (21 August 2019).
  2. Nikhil Pahwa, Against Facebook-Aadhaar Linking, Medianama (23 August 2019).
  3. Aditi Agrawal, Madras HC: Internet Freedom Foundation to act as an intervener in Whatsapp traceability case, Medianama (28 June 2019).
  4. Aditi Agrawal, Kamakoti’s proposals will erode user privacy, says IIT Bombay expert in IFF submission, Medianama (27 August 2019).
  5. Prabhati Nayak Mishra, TN Government Bats for Aadhaar-Social Media Linking; SC Issues Notice in Facebook Transfer Petition, LiveLaw (20 August 2019).
  6. Asheeta Regidi, Aadhaar-social media account linking could result in creation of a surveillance state, deprive fundamental right to privacy, Firstpost (21 August 2019).

Bangladesh bans Mobile Phones in Rohingya camps

Adding to the chaos and despair for the Rohingyas, the Bangladeshi government banned the use of mobile phones and also restricted mobile phone companies from providing service in the region. The companies have been given a week to comply with these new rules. The reason cited for this ban was that refugees were misusing their cell phones for criminal activities. The situation in the region has worsened over the past two years and the extreme violation of Human Rights is termed to be reaching the point of Genocide according to UN officials. This ban on mobile phones, would further worsen the situation in Rohingya by increasing their detachment with the rest of the world, thus making their lives at the refugee camp even more arduous.

Further Reading:

  1. Nishta Vishwakarma, Bangladesh bans mobile phones services in Rohingya camps, Medianama (4 September 2019).
  2. Karen McVeigh, Bangladesh imposes mobile phone blackout in Rohingya refugee camp, The Guardian (5 September 2019).
  3. News agencies, Bangladesh bans mobile phone access in Rohingya camps, Aljazeera (3 September 2019).
  4. Ivy Kaplan, How Smartphones and Social Media have Revolutionised Refugee Migration, The Globe Post (19 October 2018).
  5. Abdul Aziz, What is behind the rising chaos in Rohingya camps, Dhakka Tribune (24 March 2019).

YouTube to pay 170 million penalty for collecting the data of children without their consent

Alphabet Inc.’s Google and YouTube will be paying a $170 million penalty to the Federal Trade Commission. It will be paid to settle allegations that YouTube collected the personal information of children by tracking their cookies and earning millions through targeted advertisements without parental consent. The FTC Chairman, Joe Simons, condemned the company for publicizing its popularity with children to potential advertisers, while blatantly violating the Children’s Online Privacy Protection Act. The company has claimed to advertisers, that it does not comply with any child privacy laws since it doesn’t have any users under the age of 13. Additionally, the settlement mandates that YouTube will have to create policies to identify content that is aimed at children and notify creators and channel owners of their obligations to collect consent from their parents. In addition, YouTube has already announced that it will be launching YouTube Kids soon which will not have targeted advertising and will have only child-friendly content. Several prominent Democrats in the FTC have criticized the settlement, despite it being the largest fine on a child privacy case so far, since the penalty is seen as a pittance in contrast to Google’s overall revenue.

Further Reading:

  1. Avie Schenider, Google, YouTube To Pay $170 Million Penalty Over Collecting Kids’ Personal Info, NPR (4 September 2019).
  2. Diane Bartz, Google’s YouTube To Pay $170 Million Penalty for Collecting Data on Kids, Reuters (4 September 2019).
  3. Natasha Singer and Kate Conger, Google Is Fined $170 Million for Violating Children’s Privacy on YouTube, New York Times (4 September 2019).
  4. Peter Kafka, The US Government Isn’t Ready to Regulate The Internet. Today’s Google Fine Shows Why, Vox (4 September 2019).

Facebook Data Leak of Over 419 Million Users

Recently, researcher Sanyam Jain located online unsecured servers that contained phone numbers for over 419 million Facebook users, including users from US, UK and Vietnam. In some cases, they were able to identify the user’s real name, gender and country. The database was completely unsecured and could be accessed by anybody. The leak increases the possibility of sim-swapping or spam call attacks for the users whose data has been leaked. The leak has happened despite Facebook’s statement in April that it would be more dedicated towards the privacy of its users and restrict access to data to prevent data scraping. Facebook has attempted to downplay the effects of the leak by claiming that the actual leak is only 210 million, since there are multiple duplicates in the data that was leaked, however Zack Whittaker, Security Editor at TechCrunch has highlighted that there is little evidence of such duplication. The data appears to be old since recently the company has changed its policy such that it users can no longer search for phone numbers. Facebook has claimed that there appears to be no actual evidence that there was a serious breach of user privacy.

Further Reading:

  1. Zack Whittaker, A huge database of Facebook users’ phone numbers found online, TechCrunch (5 September 2019).
  2. Davey Winder, Unsecured Facebook Server Leaks Data Of 419 Million Users, Forbes (5 September 2019).
  3. Napier Lopez, Facebook leak contained phone numbers for 419 million users, The Next Web (5 September 2019).
  4. Kris Holt, Facebook’s latest leak includes data on millions of users, The End Gadget (5 September 2019).

Mozilla Firefox 69 is here to protect your data

Addressing the growing data protection concerns Mozilla Firefox will now block third party tracking cookies and crypto miners by its Enhanced Tracking Protection feature. To avail this feature users will have to update to Firefox 69, which enforces stronger security and privacy options by default. Browser’s ‘Enhanced Tracking Protection’ will now remain turned on by default as part of the standard setting, however users will have the option to turn off the feature for particular websites. Mozilla claims that this update will not only restrict companies from forming a user profile by tracking browsing behaviour but will also enhance the performance, User Interface and battery life of the systems running on Windows 10/mac OS.

Further Readings

  1. Jessica Davies, What Firefox’s anti-tracking update signals about wider pivot to privacy trend, Digiday (5 September 2019).
  2. Jim Salter, Firefox is stepping up its blocking game, ArsTechnica (9 June 2019).
  3. Ankush Das, Great News! Firefox 69 Blocks Third Party Cookies, Autoplay Videos & Cryptominers by Default, It’s Foss (5 September 2019).
  4. Sean Hollister, Firefox’s latest version blocks third-party trackers by default for everyone, The Verge (3 September 2019).
  5. Shreya Ganguly, Firefox will now block third-party tracking cookies and cryptomining by default for all users, Medianama (4 September 2019).

Delhi Airport T3 terminal to use ‘Facial Recognition’ technology on a trial basis

Delhi airport would be starting a three-month trial of the facial recognition system in its T3 terminal. This system is called the Biometric Enabled Seamless Travel experience (BEST). With this technology, passenger’s entry would be automatically registered at various points such as check-in, security etc. Portuguese company- toolbox has provided the technical and software support for this technology. Even though this system is voluntary in the trial run the pertinent question of whether it will remain voluntary after it is officially incorporated is still to be answered. If the trial run is successful, it will be officially incorporated.

Further Reading:

  1. Soumyarendra Barik, Facial Recognition tech to debut at Delhi airport’s T3 terminal; on ‘trial basis’ for next three months, Medianama (6 September 2019).
  2. PTI, Delhi airport to start trial run of facial recognition system at T3 from Friday, livemint (5 September 2019).
  3. Times Travel Editor, Delhi International Airport installs facial recognition system for a 3 month trial, times travel (6 September 2019).
  4. Renée Lynn Midrack, What is Facial Recognition, lifewire (10 July 2019).
  5. Geoffrey A. Fowler, Don’t smile for surveillance: Why airport face scans are a privacy trap, The Washington Post (10 June 2019).

UK Court approves use of facial recognition systems by South Wales Police

In one of the first cases of its kind a British court ruled that police use of live facial recognition systems is legal and does not violate privacy and human rights. The case, brought by Cardiff resident Ed Bridges, alleged that his right to privacy had been violated by the system which he claimed had recorded him at least twice without permission, and the suit was filed to hold the use of the system as being violative of human rights including the right to privacy. The court arrived at its decision after finding that “sufficient legal controls” were in place to prevent improper use of the technology, including the deletion of data unless it concerned a person identified from the watch list.

Further Reading:

  1. Adam Satariano, Police Use of Facial Recognition Is Accepted by British Court, New York Times (4 September 2019).
  2. Owen Bowcott, Police use of facial recognition is legal, Cardiff high court rules, The Guardian (4 September 2019).
  3. Lizzie Dearden, Police used facial recognition technology lawfully, High Court rules in landmark challenge, The Independent (4 September 2019).
  4. Donna Lu, UK court backs police use of face recognition, but fight isn’t over, New Scientist (4 September 2019).

Read more

Subscribe

Recent Posts

  • Analisis Faktor-Faktor yang Berhubungan dengan Kejadian Ketuban Pecah Dini di RSUD Lamaddukelleng Kabupaten Wajo
  • The Fate of Section 230 vis-a-vis Gonzalez v. Google: A Case of Looming Legal Liability
  • Paid News Conundrum – Right to fair dealing infringed?
  • Chronicles of AI: Blurred Lines of Legality and Artists’ Right To Sue in Prospect of AI Copyright Infringement
  • Dali v. Dall-E: The Emerging Trend of AI-generated Art
  • BBC Documentary Ban: Yet Another Example of the Government’s Abuse of its Emergency Powers
  • A Game Not Played Well: A Critical Analysis of The Draft Amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
  • The Conundrum over the legal status of search engines in India: Whether they are Significant Social Media Intermediaries under IT Rules, 2021? (Part II)
  • The Conundrum over the legal status of search engines in India: Whether they are Significant Social Media Intermediaries under IT Rules, 2021? (Part I)
  • Lawtomation: ChatGPT and the Legal Industry (Part II)

Categories

  • 101s
  • 3D Printing
  • Aadhar
  • Account Aggregators
  • Antitrust
  • Artificial Intelligence
  • Bitcoins
  • Blockchain
  • Blog Series
  • Bots
  • Broadcasting
  • Censorship
  • Collaboration with r – TLP
  • Convergence
  • Copyright
  • Criminal Law
  • Cryptocurrency
  • Data Protection
  • Digital Piracy
  • E-Commerce
  • Editors' Picks
  • Evidence
  • Feminist Perspectives
  • Finance
  • Freedom of Speech
  • GDPR
  • Insurance
  • Intellectual Property
  • Intermediary Liability
  • Internet Broadcasting
  • Internet Freedoms
  • Internet Governance
  • Internet Jurisdiction
  • Internet of Things
  • Internet Security
  • Internet Shutdowns
  • Labour
  • Licensing
  • Media Law
  • Medical Research
  • Network Neutrality
  • Newsletter
  • Online Gaming
  • Open Access
  • Open Source
  • Others
  • OTT
  • Personal Data Protection Bill
  • Press Notes
  • Privacy
  • Recent News
  • Regulation
  • Right to be Forgotten
  • Right to Privacy
  • Right to Privacy
  • Social Media
  • Surveillance
  • Taxation
  • Technology
  • TLF Ed Board Test 2018-2019
  • TLF Editorial Board Test 2016
  • TLF Editorial Board Test 2019-2020
  • TLF Editorial Board Test 2020-2021
  • TLF Editorial Board Test 2021-2022
  • TLF Explainers
  • TLF Updates
  • Uncategorized
  • Virtual Reality

Tags

AI Amazon Antitrust Artificial Intelligence Chilling Effect Comparative Competition Copyright copyright act Criminal Law Cryptocurrency data data protection Data Retention e-commerce European Union Facebook facial recognition financial information Freedom of Speech Google India Intellectual Property Intermediaries Intermediary Liability internet Internet Regulation Internet Rights IPR Media Law News Newsletter OTT Privacy RBI Regulation Right to Privacy Social Media Surveillance technology The Future of Tech TRAI Twitter Uber WhatsApp

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org
best online casino in india
© 2025 Tech Law Forum @ NALSAR | Powered by Minimalist Blog WordPress Theme