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Overview of the Constitutional Challenges to the IT Act: by Pranesh Prakash — published Dec 15, 2014 — last modified Dec 19, 2014 09:01 AM — filed under: IT Act, Court Case, Freedom of Speech and Expression, Intermediary Liability, Constitutional Law, Censorship, Section 66A, Article 19(1)(a), Blocking
There are currently ten cases before the Supreme Court challenging various provisions of the Information Technology Act, the rules made under that, and other laws, that are being heard jointly. Advocate Gopal Sankaranarayanan who's arguing Anoop M.K. v. Union of India has put together this chart that helps you track what's being challenged in each case.
Located in Internet Governance / Blog
The Ministry And The Trace: Subverting End-To-End Encryption: by Gurshabad Grover, Tanaya Rajwade and Divyank Katira — published Jul 12, 2021 — last modified Jul 12, 2021 08:18 AM — filed under: Cryptography, Intermediary Liability, Constitutional Law, Internet Governance, Messaging, Encryption Policy
A legal and technical analysis of the 'traceability' rule and its impact on messaging privacy.
Located in Internet Governance / Blog
Notes From a Foreign Field: The European Court of Human Rights on Russia’s Website Blocking: by Gurshabad Grover — published Dec 31, 2020 — last modified Feb 13, 2021 08:42 AM — filed under: Content takedown, 69A, Constitutional Law
This blogpost summarises the human rights principles applied by the Court to website blocking, and discusses how they can be instructive to petitions in the Delhi High Court that challenge arbitrary censorship in India.
Located in Internet Governance / Blog
Comments on the Cinematograph (Amendment) Bill, 2021: by Tanvi Apte, Anubha Sinha and Torsha Sarkar — published Jul 05, 2021 — last modified Jul 05, 2021 05:59 AM — filed under: Broadcasting, Constitutional Law, Copyright, Censorship
In this submission, we examine the constitutionality and legality of the Cinematograph (Amendment) Bill, 2021, which was released by the Ministry of Information and Broadcasting.
Located in Internet Governance / Blog
Two Arguments Against the Constitutionality of Section 66A: by Gautam Bhatia — published May 31, 2014 — last modified Jun 04, 2014 03:42 AM — filed under: Freedom of Speech and Expression, Constitutional Law, Censorship, Section 66A
Gautam Bhatia explores the constitutionality of Section 66A in light of recent events.
Located in Internet Governance / Blog
Surveillance and the Indian Constitution - Part 2: Gobind and the Compelling State Interest Test: by Pranesh Prakash — published Jan 27, 2014 — filed under: Surveillance, Constitutional Law, Internet Governance, Privacy
Gautam Bhatia analyses the first case in which the Supreme Court recognized a constitutional right to privacy, Gobind v. State of Madhya Pradesh, and argues that the holding in that case adopted the three-pronged American test of strict scrutiny, compelling State interest, and narrow tailoring in its approach to privacy violations.
Located in Internet Governance / Blog
Surveillance and the Indian Constitution - Part 1: Foundations: by Pranesh Prakash — published Jan 13, 2014 — last modified Jan 23, 2014 03:12 PM — filed under: Surveillance, Constitutional Law, Internet Governance, Privacy
In this insightful seven-part series, Gautam Bhatia looks at surveillance and the right to privacy in India from a constitutional perspective, tracing its genealogy through Supreme Court case law and compares it with the law in the USA.
Located in Internet Governance / Blog

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