Publications
Intermediary Liability in India: Chilling Effects on Free Expression on the Internet
The Centre for Internet & Society in partnership with Google India conducted the Google Policy Fellowship 2011. This was offered for the first time in Asia Pacific as well as in India. Rishabh Dara was selected as a Fellow and researched upon issues relating to freedom of expression. The results of the paper demonstrate that the ‘Information Technology (Intermediaries Guidelines) Rules 2011’ notified by the Government of India on April 11, 2011 have a chilling effect on free expression.
Material Cyborgs; Asserted Boundaries
In this peer reviewed article, Nishant Shah explores the possibility of formulating the cyborg as an author or translator who is able to navigate between the different binaries of ‘meat–machine’, ‘digital–physical’, and ‘body–self’, using the abilities and the capabilities learnt in one system in an efficient and effective understanding of the other. The article was published in the European Journal of English Studies, Volume 12, Issue 2, 2008.
Once Upon A Flash
It was a dark and stormy evening. A young man in a dark blue Adidas jacket, collar turned up, eyes under green-black shades, hopped off a motorbike, tucked his thumbs into the front pockets of his low-slung retro jeans and surreptitiously made his way through a road thronging with rush-hour traffic and irate pedestrians yelping on their cellphones. He skipped across death traps with skilled ease: leaping over potholes, jumping over halfdug trenches, avoiding the occasional pair of doggy jaws that longed to mate with his ankles, ignoring the bikers who were using the pavements as new lanes for driving towards a honking traffic jam bathed in an orange and red neon that made the road look like a piece of burnt toast with dollops of vicious jam on it.
Privacy & Sexual Minorities
Danish Sheikh examines the status of sexual minorities in the light of privacy framework in India. Culling out some real life examples based on various studies, media reports and judgments from the Supreme Court and the High Courts of Delhi and Allahabad, the research brings to light the privacy violations being committed by both individuals as well as state authorities. The research concludes by saying that privacy doesn’t necessarily encompass a one-size-fits-all approach, and can raise as many questions as it answers.
IP Addresses and Expeditious Disclosure of Identity in India
In this research, Prashant Iyengar reviews the statutory mechanism regulating the retention and disclosure of IP addresses by Internet companies in India. Prashant provides a compilation of anecdotes on how law enforcement authorities in India have used IP address information to trace individuals responsible for particular crimes.
Privacy & Media Law
In her research, Sonal Makhija, a Bangalore-based lawyer, tries to delineate the emerging privacy concerns in India and the existing media norms and guidelines on the right to privacy. The research examines the existing media norms (governed by Press Council of India, the Cable Television Networks (Regulation) Act, 1995 and the Code of Ethics drafted by the News Broadcasting Standard Authority), the constitutional protection guaranteed to an individual’s right to privacy upheld by the courts, and the reasons the State employs to justify the invasion of privacy. The paper further records, both domestic and international, inclusions and exceptions with respect to the infringement of privacy.
Copyright Enforcement and Privacy in India
Copyright can function contradictorily, as both the vehicle for the preservation of privacy as well as its abuse, writes Prashant Iyengar. The research examines the various ways in which privacy has been implicated in the shifting terrain of copyright enforcement in India and concludes by examining the notion of the private that emerges from a tapestry view of the relevant sections of Copyright Act.
Limits to Privacy
In his research article, Prashant Iyengar examines the limits to privacy for individuals in light of the provisions of the Constitution of India, public interest, security of state and maintenance of law and order. The article attempts to build a catalogue of all these justifications and arrive at a classification of all such frequently used terms invoked in statutes and upheld by courts to deprive persons of their privacy.
Limits to Privacy
In this chapter we attempt to build a catalogue of these various justifications, without attempting to be exhaustive, with the objective of arriving at a rough taxonomy of such frequently invoked terms. In addition we also examine some the more important justifications such as “public interest” and “security of the state” that have been invoked in statutes and upheld by courts to deprive persons of their privacy.
Privacy and the Information Technology Act — Do we have the Safeguards for Electronic Privacy?
How do the provisions of the Information Technology Act measure up to the challenges of privacy infringement? Does it provide an adequate and useful safeguard for our electronic privacy? Prashant Iyengar gives a comprehensive analysis on whether and how the Act fulfils the challenges and needs through a series of FAQs while drawing upon real life examples.
CIS Para-wise Comments on Cyber Café Rules, 2011
On February 7th 2011, the Department of Information Technology, MCIT published draft rules on its website (The Information Technology (Guidelines for Cyber Cafe) Rules, 2011) in exercise of the powers conferred by Section 87(2) (zg), read with Section 79(2) of the Information Technology Act, 2000. Comments were invited from the public before February 25th 2011. Accordingly, Privacy India and Centre for Internet and Society, Bangalore have prepared the following para wise comments for the Ministry’s consideration.
CIS Para-wise Comments on Draft Reasonable Security Practices Rules, 2011
On February 7th 2011, the Department of Information Technology, MCIT published draft rules on its website (The Information Technology (Reasonable security practices and procedures and sensitive personal information) Rules, 2011) in exercise of the powers conferred by Section 87(2)(ob), read with Section 43A of the Information Technology Act, 2000. Comments were invited from the public before February 25th 2011. Accordingly, Privacy India and Centre for Internet and Society, Bangalore have prepared the following para-wise comments for the Ministry’s consideration.