Articles

Cyber Law Articles- Pavan Duggal

The following are the list of some important articles written by Pavan Duggal, Advocate, Supreme Court of India and Asia’s & India’s leading authority on Cyber law, on various aspects of Cyber law.

CYBER LAW

Cyber law in India: the Information Technology Act 2000 – Some Perspectives

In this article, Pavan Duggal shares his views as under:

“Since the beginning of civilization, man has always been motivated by the need to make progress and better the existing technologies. This has led to tremendous development and progress which has been a launching pad for further developments. Of all the significant advances made by mankind from the beginning till date, probably the most important of them is the development of Internet.” Read More

Section 66A OF IT Act – your friend or foe?

In this article, Pavan Duggal expressed his views as under:-

“There has been a great deal of controversy during the last few months over the questionable use of Section 66A of the amended Indian Information Technology Act, 2000. In April this year, Professor Ambikesh Mahapatra was arrested under this section for forwarding caricatures on Trinamool Congress chief Mamata Banerjee on Facebook.  The Ravi Srinivasan Twitter case showed how on a complaint, a person’s tweets on reports of corruption could be brought within the ambit of the section.” Read More

Social Media and Indian Cyber law

In this article, Pavan Duggal shared his opinion on Social Media as under:

“In India, there has been a lot of controversy over the last few months over Section 66A of the Indian Cyberlaw being the amended Indian Information Technology Act, 2000 on different occasions. In Professor Ambikesh Mahapatra case, Professor Ambikesh Mahapatra was arrested on account of forwarding of caricature/cartoons on Facebook.  Further, Ravi Srinivasan Twitter case showed how on a complaint, a person’s tweets could be brought within the ambit of Section 66A of the amended Indian Information Technology Act, 2000.” Read More

Has the BPO industry hit a speed-breaker?

“The recent instances of companies pulling out back-office operations from India is the beginning of a trend that was threatening to happen for quite sometime now. India is absolutely a great destination for back-office operations. However, the legal infrastructure needs to be up to date with international expectations. It is here that India has taken a beating.” Read More  

TATA WINS DOMAIN NAME “TATA.ORG

In this article, Pavan Duggal shared his views as under:-

“Yet another win for an Indian Corporate comes in the field of domain names. The domain name “tata.org” has been legally won by Tata Sons Ltd. In a recent decision dated 4.4.2000,the WIPO Arbitration and Mediation Center in its administration panel decision of even date has held that the domain name “tata.org” standing in the name of The Advanced Information Technology Association, Mumbai should be transferred to the complainant being Tata Sons Ltd.” Read More

Cyber law And Data Security

In this article, Pavan Duggal shared his views as under:-

“Earlier, the scope and ambit of the Information Technology Act, 2000 was limited to use of computers, computer systems and computer networks.  However with the advent of the mobile revolution, it was felt that the applicability of the said law needs to be extended to all kinds of mobility related devices. As such the Information Technology (Amendment) Act, 2008 amended the Information Technology Act, 2000.”  Read More

THE LEGAL view on Data Centres

“In India, the relevant law that governs the storage and transmission of data in data centre is the Information Technology Act, 2000 as also the rules and regulations made there under, including the Information Technology Rules, 2011.” Read More

Legislate Privacy, At Least

“It’s ironic that even in the age of ‘information’ the laws are ambiguous when attempting to address information privacy.” Read More

Telecommunications Convergence Law in India – A Critique

In this article, Pavan Duggal shared his views as under:-

“The dawning of the 21st century seems to have had a magical effect on India. The Indian Government has taken the emergence of the new millennium as a signal to proceed forward in the direction of wholeheartedly adopting technologies and giving legal recognition to the same and regulating the same. This new chapter began with the passing of India’s first Cyberlaw namely, the Information Technology Act, 2001 on 17th May 2000.” Read More

Does the UID project infringe on privacy?

In this article, Pavan Duggal expressed his views as under:-

“Citizens have to realise that they would have no control on how their personal data collected in the UID database would be adequately protected”. Read More

Think again before you post

Cyberlaw Expert Pavan Duggal shared his views in this article as under:-

“In India, there has been a lot of controversy over the last few months over Section 66A of the Indian Cyberlaw being the amended Indian Information Technology Act, 2000 on different occasions. In Professor Ambikesh Mahapatra case, Professor Ambikesh Mahapatra was arrested on account of forwarding of caricature/cartoons on Facebook.” Read More

If all goes well, Indian IT Act may enter 21st century

In this article, Pavan Duggal shared his views as under:-

“The government is aiming to refresh the main law governing information technology by giving it a revamp which it hopes will bring it in tune with the times and address criticisms about its weaknesses, a senior official said on condition of anonymity.” Read More

Legislative language must ensure balance between curbing rights and protecting them: Pavan Duggal

In this article, Pavan Duggal shared his views as under:-

“With the Supreme Court striking down Section 66A, included in the Information Technology Act of 2000 by an amendment in 2008, calling it violative of the fundamental right to freedom of expression in its entirety, the debate about what can be allowed online and what cannot is in focus yet again.” Read More

India lacks laws to protect customers of digital transactions: Experts

In this article, Pavan Duggal shared his views as under:-

 

“India lacks laws to protect consumers if they lose money during digital transactions even as the government pushes for a less-cash economy after it withdrew Rs 500 and Rs 1,000 currency notes as legal tender.” Read More

No laws in India to protect customers if they lose money during digital transactions

In this article, Pavan Duggal shared his views as under:-

“India lacks laws to protect consumers if they lose money during digital transactions even as the government pushes for a less-cash economy after it withdrew Rs 500 and Rs 1,000 currency notes as the legal tender.” Read More

CYBER CRIME

Your cyber crime-friendly legislation

 In this article, Pavan Duggal shared his views as under:-

“In the last week of December, 2008, the Parliament of India has passed the amendments to the Information Technology Act 2000, which is popularly known as Indian cyberlaw. The IT Amendment Act 2008 brings about various sweeping changes in the existing Cyberlaw. Read More

A warning against the Internet’s dangers

“Cybercrimes ranging – from child pornography and racism to identity theft, fraud and cyber terrorism – were addressed at a Council of Europe conference in Strasbourg on April 1 – 2.” Read More

Indian Blackout – Some legal perspectives

In this article, Pavan Duggal shared his views as under:-

“On Monday July 30, 2012 at 2:30am, the entire Northern Grid of India went dark. Again the next day at 1:30pm, the Northern and the Eastern Grids failed.” Read More

TECHNOLOGY

Tablets for reform in education

In this article, Pavan Duggal shared his views as under:-

“The tablet revolution is today an important trend in the digital ecosystem.  Today tablets are becoming increasingly popular devices for the purposes of doing a variety of multi-dimensional tasks including accessing the Internet and doing various other computing functions.” Read More

BRIEF CASES @THE ECONOMIC TIMES

Indian pop stars attract cyber squatters too

 In this article, Pavan Duggal expressed his views as under:-

“HAS ANY famous Indian pop star ever been involved in a domain name litigation involving his name?” Read More

The strain of setting online music store

 In this news article, Cyberlaw Expert Pavan Duggal shared his views as under:-

“The strain of setting up an online music shop. Pavan Duggal answer your queries.” Read More

Selling clean Flicks could be a dirty business

 “I run a small business operation which gets original VCDs and DVDs of Telegu movies and then copies them onto CDs.”  Read More

 Digital signature is not catching on

 In this article, Pavan Duggal shared his views as under:-

“The Information Technology Act 2000 provides for the legal authentication of electronic records by means of digital signatures.” Read More

How valid are e-records of board meetings?

 “OUR COMPANY is incorporated under the Indian Companies Act. We want to conduct board meetings through video-conferencing/teleconferencing. What are the legalities involved.”  Read More

 Due Diligence will help limit any liabilities

 In this article, Pavan Duggal shared his views as under:-

 “Today, we���ve begun to take the electronic medium for granted, but the law doesn���t. Sending an email, for instance, is a routine activity and we presume it can have no legal consequences.” Read More

INFORMATION TECHNOLOGY

 The Information Technology Act, 2000 – Some Perspectives

In this article, Pavan Duggal shared his views as under:-

 “Since the beginning of civilization, man has always been motivated by the need to make progress and better the existing technologies. This has led to tremendous development and progress which has been a launching pad for further developments. Of all the significant advances made by mankind from the beginning till date, probably the most important of them is the development of Internet.” Read More

INDIA’S INFORMATION TECHNOLOGY ACT, 2000

 “India’s first cyber law makes punishable cyber crimes like hacking, damage to computer source code, publishing of information which is obscene in the electronic form, breach of confidentiality and privacy, and publication of digital signature certificate false in certain particulars.” Read More