Internet Governance Blog
Should Aadhaar be mandatory?
This week, a constitutional bench of the Supreme Court will adjudicate on limited questions of stay orders in the Aadhaar case. After numerous attempts by the petitioners in the Aadhaar case, the court has agreed to hear this matter, just shy of the looming deadline of December 31 for the linking of Aadhaar numbers to avail government services and benefits.
Artificial Intelligence - Literature Review
With origins dating back to the 1950s Artificial Intelligence (AI) is not necessarily new. However, interest in AI has been rekindled over the last few years, in no small measure due to the rapid advancement of the technology and its applications to real- world scenarios. In order to create policy in the field, understanding the literature regarding existing legal and regulatory parameters is necessary. This Literature Review is the first in a series of reports that seeks to map the development of AI, both generally and in specific sectors, culminating in a stakeholder analysis and contributions to policy-making. This Review analyses literature on the historical development of the technology, its compositional makeup, sector- specific impacts and solutions and finally, overarching regulatory solutions.
Breeding misinformation in virtual space
A well-informed citizenry and institutions that provide good information are fundamental to a functional democracy.
India’s Data Protection Regime Must Be Built Through an Inclusive and Truly Co-Regulatory Approach
We must move India past its existing consultative processes for rule-making, which often prompts stakeholders to take adversarial and extremely one-sided positions.
Counter Comments on TRAI's Consultation Paper on Privacy, Security and Ownership of Data in Telecom Sector
The Centre for Internet & Society (CIS) has commented on the Consultation Paper on Privacy, Security and Ownership of Data in Telecom Sector published by the Telecom Regulatory Authority of India on August 9, 2017.
Breach Notifications: A Step towards Cyber Security for Consumers and Citizens
Through the Digital India project the Indian government is seeking to establish India as a digital nation at the forefront. Increasingly, this means having good cyber-security policies in place and enabling a prosperous business environment for companies that implement sound cyber-security policies. This paper will look at one such policy, which enables investments in cyber-security for IT products and services through giving consumers a way to hold business owners and public authorities to account when their security fails.
A Comparison of Legal and Regulatory Approaches to Cyber Security in India and the United Kingdom
This report is the first part of a three part series of reports that compares the Indian cyber security framework with that of the U.K, U.S and Singapore.
Why Presumption of Renewal is Unsuitable for the Current Registry Market Structure
With the recent and much protested renewal of the .net legacy Top-Level-Domain (TLD), the question of the appropriate method of renewal has again come to the forefront. While this seems relatively uncontroversial to most, Padma Venkataraman, a law student and intern at CIS looks at presumptive renewal through a critical lens.
CIS’ Efforts Towards Greater Financial Disclosure by ICANN
CIS has been working towards enhancing transparency and accountability at ICANN since 2014. While initial efforts have resulted in ICANN revealing its sources of income in a granular fashion in 2015, we are yet to see this level of transparency become a default approach within ICANN. Here, Padma Venkataraman chronologically maps CIS’ efforts at enhancing financial transparency and accountability at ICANN, while providing an outline of what remains to be done.
ICANN’s Problems with Accountability and the .WEB Controversy
The Post-Transition IANA promised enhanced transparency and accountability to the global multistakeholder community. The series of events surrounding the .WEB auction earlier this year has stirred up issues relating to the lack of transparency and accountability of ICANN. This post examines the .WEB auction as a case study to better understand exact gaps in accountability.
GDPR and India: A Comparative Analysis
At present, companies world over are in the process of assessing the impact that EU General Data Protection Regulations (“GDPR”) will have on their businesses.
Revisiting Per Se vs Rule of Reason in Light of the Intel Conditional Rebate Case
Recent developments in the European Union (EU) regarding the antitrust case against Intel have brought back into focus two rules of competition law analysis- the per se rule and the rule of reason. In light of the decision by the Court of Justice of the European Union in the matter, this Note examines the application of the two rules to the case in detail. Additionally, it analyzes the statutory and judicial basis for the rules in the context of the EU and Indian competition law regimes, and concludes by identifying some areas in which these concepts would be relevant.
The Fundamental Right to Privacy: An Analysis
Last month’s judgment by the nine judge referral bench was an emphatic endorsement of the the constitutional right to privacy. In the course of a 547 page judgment, the bench affirmed the fundamental nature of the right to privacy reading it into the values of dignity and liberty. In the course of a few short papers, we will dissect the various aspects of the right to privacy as put forth by the nine judge constitutional bench in the Puttaswamy matter. The papers will focus on the sources, structure, scope, breadth, and future of privacy. Here are the first three papers, authored by Amber Sinha and edited by Elonnai Hickok.
Rethinking National Privacy Principles: Evaluating Principles for India's Proposed Data Protection Law
This report is intended to be the first part in a series of white papers that CIS will publish which seeks to contribute to the discussions around the enactment of a privacy legislation in India. In subsequent pieces we will focus on subjects such as regulatory framework to implement, supervise and enforce privacy principles, and principles to regulate surveillance in India under a privacy law.
MediaNama - #NAMAprivacy: The Future of User Data (Delhi, Sep 6)
MediaNama is hosting a full day conference on "the future of user data in India", on the 6th of September 2017, which is particularly significant given the recent Supreme Court ruling on the fundamental right to privacy, and two government consultations: one at the TRAI, and another at MEITY. This discussion is supported by Facebook, Google, and Microsoft. Sumandro Chattapadhyay, Research Director, will participate as a speaker in the session titled "regulating storage, sharing and transfer of data."
CIS Statement on Right to Privacy Judgment
In an emphatic endorsement of the right to privacy, a nine judge constitutional bench unanimously upheld a fundamental right to privacy. The events leading to this bench began during the hearings in the ongoing Aadhaar case, when in August 2015, Mukul Rohatgi, the then Attorney General stated that there is no constitutionally guaranteed right to privacy.
Infographic: The Impending Right to Privacy Judgment
The ruling will be important not just for the immediate Aadhaar case but also numerous other matters to do with state intrusions, decisional autonomy and informational privacy.
Here’s why we need a lot more discussion on India’s new DNA Profiling Bill
The DNA Profiling Bill 2017 is still missing a number of safeguards that would enable individual rights. The implications of creating regional and national level DNA databanks need to be fully understood and publicly debated.
Privacy is not a unidimensional concept
Right to privacy is important not only for our negotiations with the information age but also to counter the transgressions of a welfare state. A robust right to privacy is essential for all citizens in India to defend their individual autonomy in the face of invasive state actions purportedly for the public good. The ruling of this nine-judge bench will have far-reaching impact on the extent and scope of rights available to us all.
High Level Comparison and Analysis of the Use and Regulation of DNA Based Technology Bill 2017
This blog post seeks to provide a high level comparison of the 2017 and 2015 DNA Profiling Bill - calling out positive changes, remaining issues, and missing provisions.
