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International Law

India Law & Tech

Legal bits and bytes on High Technology and Communication Services in India.
By Apar Gupta

Post Frequency: 0.7/day

Last Entry: March 27, 2011 at 08:46:38

Who?s the Boss?

Posted on November 30, 2010
Two recent posts (1 and 2) on ILTB concerned the regulatory regime governing reality television shows. As reported by the by the Legally India Blog, there has been an interesting legal development in this domain. It seems that the Ministry of Information and Broadcasting issued a directive dated 17...

Swadesh!!

Posted on November 14, 2010
Image via Wikipedia Obama?s India visit was countered with huge applause when the US Prez announced his intention to take ISRO and four of its subsidiaries and DRDO and its subsidiaries off its entities list. A significant removal from the entities list is Bharat Dynamics Ltd with its four subsidiaries, hinting at future Indo-US cooperation [...

Vigilante Justice, Online and in Ishtyle

Posted on October 27, 2010
If a lawyer had to draw up a list of the most violated laws globally, it would certainly include copyright (tax in my estimation ranking above it). We seem to be walking, talking, and writing instruments of copyright infringement. New technologies, websites and software?s have only helped...

Beware of Facebook- In a recent

Posted on October 20, 2010
Beware of Facebook- In a recent blog post by Larry Magid at Huffington Post adds new dimension in relation to the ongoing discussion on privacy standards maintained by the social networking sites. The author describes various loopholes in facebook which can be raised as a concern for the breach of privacy by the site users...

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Privacy in Social networking sites

The legal limits of reality television | Part 2: beeps, blurs and scrolls

Posted on October 19, 2010
The first part of this series post on content regulation of reality television dealt with more individualized forms of legal remedies and came to the conclusion that they are quite limited and onerous to enforce. The first part addressed legal sources such as privacy and defamation which may be available to participants, rather than the [...

Fellowship @ Harvard,The Berkman Center for Internet & Society.

Posted on October 14, 2010
Image via Wikipedia � The Berkman Center for Internet & Society at Harvard University is now accepting applications for fellowships for the 2011-2012 academic year.� We are currently accepting applications through two distinct channels: � First, we are accepting applications for a specific fellowship opportunity: our academic fellowship for rising early-to-mid career academics...

Google Transparency Report : India Data

Posted on October 12, 2010
Image by Anil Jadhav via Flickr Google recently unveiled a new tool called Transparency Report which provides aggregate data on content removal requests and compliances per country. The report takes into account only government requests and not requests by private individuals for Google to take down content...

Oxford-India Media Law Moot Court Competition

Posted on October 12, 2010
The Oxford Price Moot Competition this year has an Indian qualifying round. The problem for the competition deals with issues of censorship through licensing conditions of Internet Service Providers.� It also c0ncerns issues of content regulation and chilling effects...

The legal limits of reality television Part 1: the malaise

Posted on October 11, 2010
PART 1: THE MALAISE (This is a 3 part blog series examining the legal responses to reality television shows in India. Such shows with a view to gain viewership are frequently containing offending and scandalous content. The first part explains the problem as well examines whether the laws of privacy and defamation provide any legal [...

Mr Manishankar Aiyar one of the

Posted on September 19, 2010
Mr Manishankar Aiyar one of the most outspoken and proactive legislator who is always in forefront in any public debate on various general issues affecting the common man, be it CWG or any other scams, has called into question the very relevance of having Aadhaar when we are already bearing the burdens of all other [...

TRAI(ing) keep it neutral

Posted on September 18, 2010
I feel the Internet is inherently discriminatory, however the basis of the discrimination is user preference and not its architecture. For eg. in the first few moments I am online I pop open a search engine and enter a query. I� get websites which run into hunderds if not the millions...

Our readers might be wondering

Posted on September 05, 2010
Our readers might be wondering that how technology plays a crucial role in the HRD?s initiative on inclusive education. �As Right to education has been added as a part of our constitution and legislation has also been introduced to implement it. Meanwhile Ministry of HRD has also introduced laptops for which anyone has to bear [...

I would like to inform our readers

Posted on September 05, 2010
I would like to inform our readers the Telecom Regulator has extended the deadline for submitting comments on consultation paper on ?Review of measures to protect interest of consumers in Telecom Sector? from 1st September to 15th September. The consultation paper deals with the interventionist measure through proposed regulations which the regulator wants to take [...

Another CAT

Posted on September 03, 2010
Image via Wikipedia Judicial arrears and case pendency are not a new problem. We have been dealing with these issues and problems for some time now. The setting up of quasi-judicial tribunals was seen as one way of reducing this pendency. Here tribunals would adjudicate disputes based on their thin and defined areas of competence [...

For Reasons of State : Part 1

Posted on August 14, 2010
A post on why I strangely find myself supporting the government on privacy intrusion This is the first of my two part blogpost?s on the proposed ban on blackberry services in India. These series discusses the demand for establishing a blackberry server in India for the interception of communications...

TRAI has issued a consultation

Posted on August 12, 2010
TRAI has issued a consultation paper on ?Review of measures to protect interest of consumers in Telecom Sector? to address consume grievances.� Different regulations had been enacted by TRAI on various occasions to ensure effective redressal of consumer grievances�and ensuring reliability of billing and metering and maintaining high standards of QoS...

Regulating privacy vs Blackberry

Posted on August 05, 2010
The recent coverage on media regarding the controversies related to Blackberry has raised certain serious questions on the State?s absolute power to monitor the flow of information and to regulate it in the name of National Security. This is not the first instance where state has been eager in intercepting messages, Section 5 of the [...

the loaded dice : part 2

Posted on July 29, 2010
This is the final and concluding part of my blogposts on Electronic Voting Machines. In the first part I commenced my discussion on the probability of vote fraud when elections are conducted by EVM?s and the refusal of the ECI to have an independent examination of the devices...

the loaded dice : part 1

Posted on July 20, 2010
In this two part blog post I examine the faultlines and the legal issues surrounding Electronic Voting Machines. EVM?s like many technologies presents tremendous benefits, however we should be cognizant of its risks. My post while supportive of EVM?s calls for a review of its security procedures...

On Thievery

Posted on July 20, 2010
Alok Kejriwal� the founder of� games2win.com has written a snappy piece on successfully shifting his business model due to mass piracy of the games created by his company. He shifted from a proprietary format of content creation for revenue generation to embedding advertisements and products in his games...

article on online privacy in india

Posted on July 16, 2010
The Indian Journal of Law and Technology (IJLT), arguably the one of the best journals on law and technology published in India in its latest issue has published my article on Balancing Online Privacy in India.� Leaving aside my visible bias for the journal, the article examines how courts have responded in cases of state [...

Patent Absurdity

Posted on July 13, 2010
I recently saw a documentary on the US Patent system, specifically focusing on the Bilski Case. Makes an excellent case against software patents which it compares to a, “tax” on software companies. You can watch it at the following link

Highlights of the National Identification Draft bill 2010

Posted on July 10, 2010
Image via Wikipedia 1)�� One of the crucial aspects that the bill tries to address is related to the protection of an individual?s privacy. Section 9 of the proposed bill specifies that the Authority would not require any individual to disclose information pertaining to his race, religion, caste, tribe, ethnicity, language, income or health...

The National Identification Authority of India Bill 2010

Posted on July 09, 2010
Image via Wikipedia I will be covering the recently introduced National Identification Authority Bill 2010 .This bill has been introduced to establish Unique Identity Authority as statutory body/board which at present is presided by Nandan Nilekani...

Everyone is concerned about the

Posted on June 30, 2010
Everyone is concerned about the fate of Telcos that lost out in the race for 3G airwaves. Well the good news for them that they can opt for MVNO says the report by US-based telecom market research and consultancy Strategy Analytics. The report further mentions that operators who won the 3G airwaves will be compelled [...

bilski delivered

Posted on June 29, 2010
Bilski v. Kappos was one of the most anticipated decisions on patent law by SCOTUS (Supreme Court of the United States). Law geeks (like me ?) used to run weekly checks on the status of the case. The stakes involved in Bilski were huge and it promised to be the Sony v...

Both TRA and RBI has agreed to

Posted on June 21, 2010
Both TRA and RBI has agreed to introduce mobile banking in India . To read more please click here.�To get a�a�general idea about mobile banking please click here

Consilience 2010 | A Confrence on Internet intermediary liability in India | May 29-30, 2010 | Bangalore

Posted on May 22, 2010
Internet Intermediary Liability is no longer the dark horse in the field of technology law. With the increasing controversy around it resulting in the arrest of a CEO of a multinational company, [The Bazee.com case] and in light of the recent amendments to the IT Act, the topic has received much attention, with [...

Standing Committee on Human Resource Development Invites Suggestions on the Copyright (Amendment) Bill, 2010

Posted on May 21, 2010
The Copyright (Amendment) Bill, 2010 �which is presently pending before the Lok Sabha has been referred to a standing committee headed by Mr. Oscar Fernandes for examination. The Committee has invited suggestions which may be emailed to sundrial@sansad...

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