We Don’t Have Any Law To Deal With Online Intimidation in India
Pavan Duggal shared his views as “The government needs to come up with specific guidelines to regulate the activities and actions to be taken by service providers and intermediaries in the context of reported online intimidation. Strong deterrent legal provisions need to be put under the Indian Cyberlaw to deal with online intimidation.” Read more
Union Budget 2017 – A Cyber Ecosystem PerspectivePavan Duggal shared his views as “It would have been much nicer if the country could have allocated far more funds on cyber security initiatives as Indian networks are constantly under attack from state and non-state actors.” Read more
DC Debate: Great firewall of India?Pavan Duggal shared his views as “Trying to block Internet access in today’s day and age is a futile exercise.” Read more
Aadhaar Act, 2016 Should be Amended to Improve CybersecurityPavan Duggal shared his views as “We need to appreciate that security is critical for the further success of the Aadhaar ecosystem. When one looks at the provisions of the Aadhaar Act 2016, one finds that no effective and comprehensive provisions pertaining to cyber security of Aadhaar ecosystem are incorporated under the Aadhaar Act, 2016.” Read more
Question on cyber security: As India goes cashless, how safe digital payments are?Pavan Duggal shared his views as “As per National cyber policy it has remained to be just a collection of statements. It was aimed that India will boost manpower in cyber security by 10 lakh employee per year for development and research but on contrary we hire have just 20,000 employee. There exists a huge gap in National Cyber Policy implementation.” Read more
Food for thoughtPavan Duggal shared his views as “Given Zomato’s breach and the recent ransomware attacks, it is clear that India needs a dedicated cyber security law which can actually help define the roles, duties and responsibilities of all stakeholders. It can also provide substantial clarity to stakeholders if they choose not to comply with the provisions of such a law.” Read more
GST Network could be vulnerable to cyber attacks: ExpertsPawan Duggal senior legal counsel with Cyber Law said “Since the GST Network began work on November 8 last year, experts working with it have told us in confidence that they are fighting cyber attacks each day, This is only going to increase from July 1 as cyber terrorists will try to test the resilience of the network.” Read More
Can politicos be sued for violating rights?Pavan Duggal, a leading cyber law expert and privacy advocate, told IANS “In case of a similar (real/hypothetical) action by our parliamentarians/public officers who use micro-blogging sites for communicating with the public or to announce policies takes place, the same could also be potentially challenged under the Indian Constitution. The factum of disagreeing with somebody else and his opinion/views is not a ground on which the fundamental right to freedom of speech and expression can be restricted.” Read More
To prevent fraud, cyber experts want bitcoins to be regulated
Pavan Duggal, Supreme Court lawyer and cyber law expert, told Business Line “Right now with no law officially recognising bitcoins, the bitcoin economy and its benefits are seeping away from the government. So if you are able to legally regulate it, then the bitcoin economy can also be part of the economic growth. The government must understand that more and more Indians would be using bitcoins. Bitcoins can be made legal tender, and then the government can tax the bitcoins. So the government can gain revenues from the bitcoin eco-system.” Read more
Post demonetization: Era of cyber law and securityThe Conference was addressed by Pavan Duggal, Advocate, Supreme Court of India and internationally renowned expert and authority on Cyber law who highlighted the various increasing cyber security law challenges in today’s scenario. Pavan Duggal further focussed on the need for companies to comply with statutory provisions under the Indian Cyber law as also with new notifications of the Government of India dealing with Cyber security breach notifications. He further highlighted the need for companies to ensure due diligence while exercising their duties as stipulated under the law. Read more
Punishing WhatsApp, Facebook group admins for offensive posts may be a harsh move, but necessaryCyber law expert Pavan Duggal told BGR India “The law is very clear and it defines roles, duties and responsibilities of the service providers. And all OTT players become the intermediaries. The section 79 2C of the IT Act mandates these intermediaries to exercise due diligence and obligations under the law. And as the part of the due diligence, the government has notified these service providers to inform users that they should not use the platform for terror purposes or anything that is against law. Clearly, if a WhatsApp platform is used for such things, WhatsApp administrators will be held responsible. However, banning the internet is not the solution. We need to tighten the provisions pertaining to the intermediaries liability. The government, however, is yet to come up with detailed provisions regarding cyber terror and obligations for these service providers. These service providers cannot be mute spectators.” Read more
Tweets from the afterlifeSupreme Court advocate and an expert in cyber law, Pavan Duggal, points out that “Deactivating accounts can amount to loss of data, which can be used for reference and research. I think more clarity is required," says Duggal. "When a person has an account, only he/she should access it. However, if a person has an agent, then (in the case of death), the principle of agent applies." Read more
REALITY CHECK of WhatsApp viral message claiming 777888999 number call will blast your mobile phoneCyber expert Pawan Duggal said “There is no technique through which a call can set a mobile phone on fire.” Read more
Data privacy back in spotlightPavan Duggal, advocate in the Supreme Court, said "The Information Technology Act 2000 was for the PC era. This is the age of mobility and there is substantial change in the way people access the internet. Hence, there is an intrinsic expectation that data be protected." Read more
A double-edged swordAccording to Pavan Duggal, cyber law expert “any expectation of our messages on WhatsApp being private must be instantly discarded. “There is nothing known as private on WhatsApp. There is also no safety and immunity from legal experts on the app. According to Section 39 of the Indian Information Technology Act, 2000 — which talks about liability of networks and its providers — if you are a WhatsApp group administrator, you also become a network service provider. This means that a WhatApp group admin will be held credible for anything against the law that is published on the group. That’s why people are finding themselves on the other side of the law these days.” Read more
Privacy under threat as marketers mine social media for big bucksPavan Duggal, the country's leading cyber law expert and privacy advocate said “It is a direct invasion of privacy. When a person uses a device or computer or mobile, he or she is under the intrinsic understanding that his or her personal space is protected and no one can watch him or her activities In no way should service providers be given the right to remotely activate webcams and smartphone cameras and record the information. Users must be constantly made aware of the potential ramifications of such services before he or she decides to consent to the same. We require a strong cyber law to protect the online privacy of people. It must be remembered that people are not guinea pigs and their privacy cannot be invaded upon by any stakeholder.” Read more
Cyber-law inadequacies pose challenges for allPavan Duggal, Advocate, Supreme Court of India and expert on Cyberlaw told Express said “Companies need to come up with out of the box thinking and creative legal approaches while dealing with Cyberlaw and challenges in cybersecurity laws post-demonetisation. At a recent conference, we urged the Government to give far more support and encouragement to intermediaries as innovators and technological disruptors, as these companies will further help the pace of adoption of cashless digital economy in India,” Read more
J&K social media ban: Use of 132-year-old Act can’t stand judicial scrutiny, say expertsPavan Duggal, senior lawyer specialising in cyberlaw said “Legally, the order is not viable. This is because the IT Act applies for blocking, under Section 69 (A). Also Section 81 of the IT Act also make it clear that this is a special law, which will prevail over any other older law. The IT ACT deals with everything related to the internet.” Read more
No laws in India to protect customers if they lose money during digital transactionsPavan Duggal, an advocate in the Supreme Court specialising in cyber law said “We don't have any dedicated law on digital payments. That's very important to grant complete legality and remove and doubts and clarifications pertaining to legal efficacies and legal validity of digital payments” Read more
If all goes well, Indian IT Act may enter 21st centurySupreme Court advocate and cyber security expert Pavan Duggal called the IT Act an "outdated" piece of legislation and said “The Act and the amendments are in the pre-social media era. Current realities, challenges and the policy aspects of cyberspace have not been addressed.” Read more
India to finally get electronic evidence authenticatorsPavan Duggal, senior Supreme Court advocate and a leading cyber law expert said “If you look at cybercrimes for example, the number of incidents are in five digits and convictions in two digits. One of the main reasons for this is lack of acceptable evidence. Such evidence are also part of conventional crimes today and it is good that we are trying to plug the gap in the system,”. Read more
Govt reinforcing cyber security to deal with emerging threatsPavan Duggal, Cyber Law Expert, Advocate Supreme Court has quoted “The IT Act needs to be strengthened as threats such as ransomware are not covered in it. Aadhaar details have been leaked, which is again a major security risk. So, the legal and policy frameworks need to be in place” Read more
Zomato data theft reveals dark side of cyberspacePavan Duggal, cyber law expert and an advocate in the Supreme Court has said “While consumers have rights under the IT law to take on internet companies, the lack of good compensation and the harrowing experience of going through the judicial process acts as a deterrent. If companies are breaching security as mentioned under ISO 27001 (international information security standard), consumers have a right to sue the firm and get compensation. "There is a lack of awareness among consumers about their rights and the perception of no-remedy is a challenge.” Read more
India in deep slumber as ransomware attacks, says cyber law expertSupreme Court lawyer and cyber law expert Pawan Duggal said “the WannaCry ransomware attack was a clear case of the world caught napping. And India is in deep slumber. These are only initial reports. Only 24 hours have passed. The actual damage could be far more considering that cyber security is lax in India. India is a green field for cyber crime as ransomware does not come under the IT Act or under the Indian Penal Code. There is no national cyber security legislation that can elaborate the roles and responsibilities of stakeholders. As the threat has originated from beyond India, the investigations will end up at a dead end,” Read more
CERT-Fin nice but cyber security needs more focus: Experts
Pavan Duggal, a cyber law expert, told IANS “Although establishing the CERT-Fin is a nice move towards improving cyber security in the banking and finance sector, we need far more focus to safeguard computer networks and payment gateways targeted by state and non-state actors.” Read more
Go digital' drive brought cyber security to the fore in IndiaPavan Duggal, the country's leading cyber law expert said “The Information Technology Act, 2000, amended in 2008, still does not comprehensively deal with all relevant issues in the cyber security ecosystem. India not being a signatory to any international treaty on cyber crime complicates the intrinsic ability of the immense law and legal frameworks to provide effective remedies against cyber crimes which are committed from abroad.” Read more
Ethical hacking: The Zomato case highlights how the government should use bug bounty programmesPavan Duggal, an advocate and expert in cyber security said “Bug bounty programmes have been effective worldwide. Global giants are investing in bug bounty programmes today and it is high time government agencies in India also considered it.” Read more
After A Bad Year For Cybersecurity, The Union Budget Looks At Some SolutionsCyber law expert Pavan Duggal echoed the sentiment “We need far more focus to safeguard computer networks and payment gateways targeted by state and non-state actors.” Read more
Delhi cops to get 'one touch' internet monitoring systemCyber law expert Pavan Duggal said “Digital can't be divorced from cyber security. Digital world without security is like a pyramid without foundation which can collapse like a house of cards.” Read more
Security concerns increase on transactions increase as residents go cashlessPavan Duggal, an expert in the field of cyber law and a member of NOMCOM Committee on Multilingual Internet Names Consortium (MINC), an international advocate organization working for the cause of a multilingual internet said” It is possible that the swipe machines can be tampered with. It can be connected to a small card reader, a device which can read the details of the credit/debit card and the same can be misused by mischievous elements.” Read more
Fake news in the time of the internetPavan Duggal, Cyberlaw expert and Advocate, Supreme Court, said “Despite the potentially disastrous ramifications of fake news the offence is of "low priority" for the police. There are no direct provisions against people spreading fake news under the IT Act. A victim of fake news can charge someone under IPC Section 468, which allows him or her to be tried for electronic forgery with the purpose of cheating. It is time India wakes up to regulating fake news in a priority manner. Fake news doesn't come under the Press Council of India. A national ombudsman can be a one point contact for all these instances.” Read more
Local court invokes annulled Sec 66A to convict a manPavan Duggal, Supreme Court advocate and expert in cyber law, said “The Supreme Court is superior in the country and once it passes an order on any issue, the lower courts must follow it. The apex court has struck down Section 66A of IT Act, terming it unconstitutional.”
11,592 cases of cyber crime registered in India in 2015: NCRBPavan Duggal, cyber law expert at the Supreme Court said “The post-demonetisation era saw the absence of any deterrent by way of legal provision. We must think of how to come up with an appropriate cyber resilience policy. Today, the Indian information technology law goes soft on cyber crime especially after the 2008 amendment because except cyber terrorism and child pornography, all other cyber crimes offences are bailable. This means that a person is free to come out and delete evidence. It is indicative of two things—cracks in India’s cyber security armour and the subtle warning by cyber criminals that if government websites are not safe, then nothing is." Read more
Hackers running parallel cab-hailing platforms
Cybersecurity expert Pavan Duggal said “The flaw is in Uber’s system that it allows such a security breach. People using such illegal schemes could become the victims of these hacker groups. As per Sections 43 and 66 of the IT Act, consumers also can be treated as co-accused and face three years’ imprisonment and a ₹5-lakh fine.” Read more
Hackers take payment e-commerce firms for a ridePavan Duggal, Supreme Court advocate and expert in cyber law, said “This is a classical case of exploitation of data. Digital wallets and mobile wallets are extremely unsafe. There are only a couple of Reserve Bank notifications on it. The sector is unregulated; there are no minimum parameters to follow. A majority of the service providers do not focus on cyber security”. Read More
Cyber crimes: Centre may soon come out with rules to validate electronic evidencePavan Duggal, Cyberlaw expert and Advocate, Supreme Court, said “The authorized government examiner or a lab authorized by the government will help a lot of government entities under law, because government is the biggest litigant in the courts. For instance, three out of five cases require electronic evidence today. If government comes out with such rules/regulations, it could be treated as a gospel of truth and lot of challenges can be prosecuted in a time-bound manner.” Read more
Sebi steps up effort to tackle cyber crimePavan Duggal, a cyber law specialist “This is a reactive action after the cyber attack in the banking industry, which has already taken place. Such a committee will not deter any future cyberattack. The law itself is deficient as there is no dedicated cyber security law in the country. So, consequently, the roles and duties of intermediaries are not at all defined. This is a reactive action after the cyber attack in the banking industry, which has already taken place. Such a committee will not deter any future cyberattack. The law itself is deficient as there is no dedicated cyber security law in the country. So, consequently, the roles and duties of intermediaries are not at all defined. The mandate of implementing cyber security comes through law, and not through advisory or guidelines. To begin with, the regulator must have teeth of law which ensures compliance or they face severe consequences.” Read more
How safe is your computer in a global cyber attack? Here's what you need to knowCyber law expert and Supreme Court lawyer, Pavan Duggal said “India requires distinct dedicated cyber crime courts whose only job would be to deal with cyber crime matters for expeditious disposal of cases.” Read more
Paper leak: What measures government should take to check it
Pavan Duggal, a cyber law expert said “Most servers are soft targets as they are not well-protected. Many a time, somebody from the conducting body reveals the time the question paper would be uploaded online, making it easier for the hackers to hack the computer.” Read more
Popular photo editing software may use privacy loopholes to steal your identity, warn cops.Cyber expert Pawan Duggal said “The government of India must focus on the privacy laws for consumers and also make IT laws and consumer laws more strong.” Read more
Viral Sach: Can ISIS trap you in its WhatsApp group 'Firdaus we ascend' ?Cyber expert Pawan Duggal said “All the terrorist organistaions use social media -especially WhatsApp- in an effective way to their advantage. This is not the first group, in past there have been several such group created by these outfits.” Read more
Business rivals commit most cyber crimesPavan Duggal, top cyber law expert and Supreme Court advocate, said “Corporates have been an integral part of cyber crime growth in India. Cyber security is still not a thrust area in the corporate world, which has a `chalta hain' (it's all right) attitude, allowing cyber criminals easy access. The absence of strong protection laws also aids such people.” Read more
Getting justice in cyber crime is difficultPavan Duggal, a cyber law expert points out that “the Information Technology Act, 2000 allows an individual to seek unlimited compensation if the intermediaries (banks) don’t have enough security and procedure to protect customers’ data. “But, proving that a bank didn’t have adequate security is a tall order.” Read more
When someone misuses official e-mail...In this article, Pavan Duggal shared his views as under:
“It is indeed a serious matter when a company discovers that one of its employees is misusing the official email account and is leaking out confidential data of the business. In such a case, it is absolutely imperative that the management must act the earliest.” Read More
In this article, Pavan Duggal shared his views as under:-“Recently, Australia’s Apex Court gave a landmark judgement concerning Internet defamation and jurisdiction, which promises to open up the Pandora’s Box in this direction. In the case entitled "Dow Jones v. Joseph Gutnick", the High Court of Australia has held that a defamation case arising out of a story on a United States web site can be heard in Australia.” Read More
Easy porn access at cyber cafes
In this article, Pavan Duggal shared his views as under:-
“Section 292 of the Indian Penal Code govern the pornography laws. It deals primarily with obscenity in the real world. It is important to note that pornography per se has not been defined in the IPC.” Read More
Protected systems and networksIn this article, Pavan Duggal shared his views as under:-
The issue raised by you is indeed very pertinent. Section 70 of the Information Technology Act is the only provision in the Indian cyberlaw, which deals with the issue of protected system. The definitional clause under Section 2 of the IT Act 2000 does not define a "protected” system". Read More
A new password every fortnightIn this article, Pavan Duggal shared his views as under:-
“The golden rule with regard to internet access is that you must change your password at least once in a fortnight and as far as possible, you must change the password once your employee does not continue his business relationship with you. This is necessary so as to prevent misuse of username and password. The potential loss that can be caused by misuse of username and password is immense.” Read More
In this article, Pavan Duggal shared his views as under:-“The recent reports in the media about the proposal of the Mumbai police to crack the whip on cyber cafés has begun generating a lot of debate. The Mumbai police are planning to bring cyber cafés under their scrutiny. It is proposed to put in place stringent measures to prevent the misuse of cyber cafés for terrorist purposes.” Read More
Digital signatures not catching onIn 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
Licence to shootIn this article, Pavan Duggal shared his views as under:-
“Candid camera assertions in the Zaheera Sheikh case are the latest in the list of cases involving hidden cameras that have been reported in India. These cases have brought to the forefront the undesirable consequences of use of hidden cameras.” Read More
Happy days for network service providersIn this article, Pavan Duggal shared his views as under:-
“The recent Baazee.com case brought into the limelight the issue of the liability of network service providers. For the first time India Inc. saw the CEO of a company arrested because of the company���s liability for third party electronic data or information as per section 79 of the Information Technology Act 2000.” Read More
Plan to hack a site? Think again dudeIn this article, Pavan Duggal written his views as under:-
“Your friend���s access to the internet using the login ID of the partnership company was legal and authorised during the period of his employment. Once he left the employment of the partnership company, however, he lost his legal authorisation to access the internet using the company���s login ID.” Read More
A warning against the Internet’s dangersIn this article, Pavan Duggal written his views as under:-
“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
What action can be taken against Raju?In this article, Pavan Duggal written his views as under:-
“From the information available in the public domain, it appears that various offences have been committed, including the criminal breach of trust, cheating, forgery, falsifying records, criminal conspiracy and abetment.” Read More
No, it violates fundamental rightsIn this article, Pavan Duggal shared his views as under:
“The Supreme Court, in various judgements, has held that right to privacy is a part of the right to "life" and "personal liberty" enshrined under Article 21 of the Constitution.” Read More
Law tweak must to track contentIn this article, Pavan Duggal shared his views as under:-
“The Information Technology Act of India needs a makeover to incorporate new provisions which will suggest ways to filter online content.” Read More
A case against censorshipIn this article, Pavan Duggal shared his views as under:-
“Communications and IT Minister Kapil Sibal's controversial statements pertaining to regulating content on social networking sites has unleashed a storm of criticism.” Read More
Tablets for reform in educationIn 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
Protecting the virtual cobwebIn this article, Pavan Duggal shared his views as under:-
“Kapil Sibal, minister of communications & information technology, launched the National Cyber Security Policy 2013 (NCSP) on July 2 in Delhi.” Read More
Be careful while using IT Net neutrality in India: Here’s why India shouldn’t jump the gun on net neutrality
In this article, Pavan Duggal shared his views as under:-
“We need to be consciously careful that the victories obtained for Internet freedom of speech and expression by the Supreme Court in the Section 66A case should not be given up on the table in net neutrality debates.” Read More
3 Controversial Aspects Of China's New Anti-Terrorism LawIn this article, Pavan Duggal shared his views as under:-
“In the closing moments of 2015, at a time when the world is reeling from increasing threats from militant groups, China enacted its anti-terrorism law, passed by the National People's Congress on 27 December and effective from 1 January 2016. Prior to this, in July 2015, China passed another important legislation, the National Law on National Security.” Read More
'Common Man Is Asking For Accountability', Says Pavan DuggalPavan Duggal, Cyber Law Expert said, "The perception of the common man has to be addressed. At end of the day what common man is asking is accountability for breaches of cyber security." Read More
2017 witnessed a 38% rise in social media URL blockingIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
Cyber law expert and advocate Pavan Duggal said, “Blocking is a sovereign power that is given to the government by virtue of Section 69A of the Information Technology Act. So under certain specified considerations, the power of blocking can be exercised… This power was inserted in the IT Act by virtue of the Information Technology (Amendment) Act, 2008, which came into effect from October 2009.” Read More
In this report, Cyberlaw Expert Pavan Duggal quoted as under:-“Without effective cybersecurity measures in place, such data breaches and instances of unauthorised access to Centre's databases would keep on happening, says cybersecurity expert Pavan Duggal. A Supreme Court lawyer, Duggal has been a vocal critic of Aadhaar since the project was launched in 2009, owing to concerns around national security and sovereignty.” Read More
Despite UIDAI denial, leaked Aadhaar demographic data is a goldmine for criminals, say expertsIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
Despite the Unique Identification Authority of India claim that individual security could not been compromised by unauthorised access of the sort reported by the Tribune, Pavan Duggal, a lawyer who specialises in cyber security, disagreed. “Demographic data is largely private data and there is a tremendous amount of risk associated with the unauthorised access of such data,” he said. “It is a goldmine for criminals, in both physical and virtual spaces, who can target any individual through such private data.” Read More
Will Government of India finally wake up to Bitcoin?In this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“The governments not legally recognizing cryptocurrencies are landing up losing money as people are using them anyway. Many of these governments are not able to tax either the trade of cryptocurrencies or the transactions using cryptocurrencies,” says Pavan Duggal, renowned cyber law expert.” Read More
UIDAI introduces 16-digit 'Virtual ID', limited KYC for Aadhaar holdersIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
According to senior cyber lawyer Pavan Duggal, cybersecurity was not introduced at the start by the UIDAI and that is why there have been so many cases regarding data breach. Also, he said people have become increasingly concerned about privacy and consequently, the UIDAI had come up with the concept of a 'Virtual ID'. Read More
Experts believe govt can do more to make Aadhaar ‘safe and secure’In this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“Even as Aadhaar number of each individual has become “integral to almost every aspect of life”, Duggal said, “The Aadhaar Act 2016 hardly does anything to protect the data and the individuals, whose details are compromised. Such instances of breach to data is a wake-up call for the government, otherwise India would continue sitting on top of a volcano that is about to burst.” Read More
Imperfect LegislationIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“But the legal loophole to be plugged in case of sale of fake goods online is Section 79 of the Information Technology Act, says advocate Pavan Duggal, a cyber law specialist. Whenever there is online fraud, e-retailers have been quick to shrug off responsibility by claiming to be intermediaries, Duggal says. Read More
Dark Web concerns: How children are becoming susceptible to lurking dangers on InternetIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
Adds cyber law expert Duggal: “To tackle cyber crimes in the country, the ministry of home affairs recommended setting up an Indian Cyber Crime Coordination Centre in 2015, but the mandate and scope are still not clear.” Read More
Nepal using Chinese broadband loss for India: ExpertIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
Speaking to ANI Cyber Expert Pawan Duggal said, "It is indeed a loss for India, both revenue wise and strategically too." Read More
Indian Federal Government Issues Tax Notice to Digital Currency InvestorsIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“There are already hundreds of digital currency investors going to the police and courts with complaints of transactions in digital currencies that turned out to be fraudulent, said Pavan Duggal, a Supreme Court lawyer specializing in cybercrimes. “Considering cryptocurrencies are here to stay, the government must consider granting limited legality while ensuring that these are not used for crypto crimes,” he said.” Read More
Nepal ends India's internet monopoly, gets new Chinese bandwidthIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“It is indeed a loss for India, both revenue wise and strategically too. Now India needs to set up a cyber army like China has, should be prepared for non-state & state actors targeting our computer systems,” Cyber Expert Pawan Duggal said.” Read More
UIDAI will issue 16-digit virtual ID to secure Aadhaar privacyIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“The concept is attractive, but the devil is in the details", observed Pavan Duggal, cyberlaw expert, adding that the new system does not address those who have already gained unauthorised access to Aadhaar numbers.” Read More
UIDAI announces virtual Aadhaar ID, hopes it will solve privacy problemsIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
"The concept is attractive, but the devil is in the details", observed Pavan Duggal, cyberlaw expert, adding that the new system does not address those who have already gained unauthorised access to Aadhaar numbers. Read More
India Cautions Investors Against CryptocurrenciesIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“Pavan Duggal, a cyber expert and a lawyer with the Supreme Court said that giving advice is not sufficient when thousands of people have lost money in cryptocurrency and the government has the autonomous duty to come up with a legal framework to regulate the cryptocurrencies and protect genuine investors.” Read More
Cybercrime cases in India are under-reported, say expertsIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“These figures do not represent the ground reality. There is massive under-reporting of cybercrime cases in India and at present these numbers represent just 1% of actual incidents,” said Pavan Duggal, a cyber law expert.” Read More
American startup Apriori aims to be specialist provider of demographic data on IndiansIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“Cyber law expert Pavan Duggal is of the view that there is nothing specific in the IT Act which can stop companies from working with citizen or government data for commercial purposes. "As we get more digital as a country, amount of data per citizen is generated, we need to have laws which protect the sovereignty of such data and check what can be used for monetisation by private companies," he said.” Read More
EVM bluetooth hacking allegations: Is it a possibility or a far-fetched idea?In this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“Cyber Expert Pavan Duggal says, “An electronic voting machine, is nothing but a computer. But, within the meaning of section 2 of the Indian Information Technology Act of 2000, then there’s one truth – No computer can claim itself to be completely unhackable. Each and every computer is capable of being hack, but of course, the levels of difficulty to hack a machine would depend on the nature of due diligence done and steps taken to prevent intrusion.” Read More
India Likens Cryptocurrencies Like Bitcoin to Ponzi Schemes
In this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“India right now has no direction for cryptographic forms of money, and like other worldwide policymakers, it is looking to see how to regulate a market that many feel is a theoretical air pocket. “Insignificant issuance of a warning isn’t adequate when a large number of individuals have lost cash in digital currency,” said Pavan Duggal, a digital master and a legal counselor with the Supreme Court.” Read More
Will GoI finally wake up to the Bitcoin bubble?In this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“Cryptocurrencies are the present and the future. So, the quicker the governments open their minds and adapt them to work in parallel with fiat currencies, the better it will be. The governments not legally recognizing cryptocurrencies are landing up losing money as people are using them anyway. Many of these governments are not able to tax either the trade of cryptocurrencies or the transactions using cryptocurrencies,” says Pavan Duggal, renowned cyber law expert.” Read More
Aadhaar ecosystem needs better cybersecurity, say cyber security experts
In this report, Cyberlaw Expert Pavan Duggal quoted as under:-
"There is a need for addressing newly emerging legal and cyber security challenges concerning Aadhaar ecosystem on an urgent basis," said Pavan Duggal, one of the leading cyber law experts in the country, during a conference on Aadhaar, its legalities and challenges here.” Read More
Tough norms will regulate ‘hate speech’ on social media
In this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“Pawan Duggal, a cyber law expert, told The Sunday Guardian: “Defining hate speech is contentious and it will be very difficult for the government to keep watch on numerous comments on social media platforms. Also, in case of encrypted messages, it will become torturous for investigative agencies to prove incitement of hatred or hate speech in courts.” Read More
Centre backs local cybersecurity tech
In this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“This is a step in the right direction,” said Pavan Duggal, a cyberlaw expert. “India is alive to the possibility of breach of cybersecurity. Putting our cybersecurity as mortgage to foreign firms is not a solution.” Read More
NCRB Releases Data on Cybercrime Rise, Experts Fear Figures do Not Reveal Real PictureIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“Leading cyber lawyer and Supreme Court advocate Pavan Duggal seconded Chaudhary’s concerns and said that most of the times the police would not record the complaint at all as they do not know how to deal with it or investigate.” Read More
Thanks to An Outdated Law, 2017 Will Be The Year Of Mobile FraudsIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“Cyber law advocate Pavan Duggal voices the fears we don’t even know we should have. The unpreparedness of India’s legal machinery to address issues such as cyber crime and online fraud is disturbing.” Read More
What the National Crime Records Bureau report does not tell us about cyber crime in IndiaIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“Advocate Pavan Duggal, a cyber law expert, disagreed. “Bilateral agreements and international treaties can’t be called hassles if investigators make it a point to be prompt and take the right step at the right time,” he said. “The majority of police officials who deal with cyber crime are not trained in the field. Their reluctance to register First Information Reports comes from general lack of confidence about their own ability to investigate such cases.” Read More
Agencies crack down on Bitcoin tradersIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
Pawan Duggal, a noted cyber expert, told The Sunday Guardian: “There are no clear laws stating whether the trade in Bitcoin is illegal or authorised in the country.” Read More
Data privacy back in spotlightIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“With the spotlight now on India's need for a dedicated law on privacy and data protection, Pavan Duggal, advocate in the Supreme Court, said "The Information Technology Act 2000 was for the PC era.” Read More
Uttar Pradesh tops the list on crimes against women in 2016In this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“The post-demonetization era saw the absence of any deterrent mechanism by way of legal provision. Today, the Indian information technology (IT) law goes soft on cyber crime, especially after the 2008 amendment because except cyber terrorism and child pornography, all other cybercrime offences are bailable. This means that a person is free to come out and delete evidence,” said Pavan Duggal, cyber law expert at the Supreme Court.” Read More
ED raided 620 entities over FEMA violations in one year of demonetisationIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“Today, the Indian information technology law goes soft on such cyber crimes, especially after the 2008 amendment (to the Information Technology Act), because these offences are bailable. This means that a person is free to come out and delete evidence,” said Pavan Duggal, a cyber law expert at the Supreme Court.” Read More
Twitter tweaks user policy a day after SC clampdownIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“If private data is located in servers outside India, it will be a violation of privacy,” said Pavan Duggal, cybersecurity expert and lawyer, adding, “India needs to quickly come up with privacy legislation. Data localisation is a distinct option that India should look at.” Read More
India woefully under-prepared to protect data, users' rights on InternetIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“Data intermediaries and data repositories need to be made responsible for ensuring data privacy of their customers, stressed Duggal, also a Supreme Court advocate.” Read More
Internet penetration in rural India just 16%: reportIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
"India does not have any detailed legislation on data privacy on Internet/social media platforms. India also does not have a data protection law. The Information Technology Act, 2000, which got amended only in 2008, is neither a data privacy law nor a data protection law," Pavan Duggal, the nation's leading cyber law expert, told IANS. Read More
Centre contemplates cyber security cessIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“If it feels like a punishment, a lot of companies would not feel happy about it. Cyber security should be more about inculcating the idea of making the network safer, and not just a cess,” said Pavan Duggal, cyber law expert and a Supreme Court advocate. Read More
Bitcoin keeps enforcers on edgeIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“Cyber law expert Pavan Duggal says “they are the present and the future. So the quicker governments wake up to the reality and start legalising them and earning revenues through appropriate taxation, the better it will be...” Read More
60% of Sports Goods, 40% of Apparel on Sale Online Are Fake. Here's ProofIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“Cyber Law specialist Pawan Duggal claims that the firms are using loopholes in section 79 of the Information Technology Act. The act he feels has been further diluted by a recent Supreme Court order, which struck down Section 66A of the act and a high-level committee formed thereafter suggested amendments to it.” Read More
Parliament house panel seeks federal body to tackle cyber attacksIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“There is an immediate need for such a high-profile body. Apart from having generic policies and agencies, the country needs vertical body, which will only look at specific issues related to critical infrastructure. This is a right step in right direction,” said Pawan Duggal, cyber law and security expert. Read More
Right to Privacy verdict is unlikely to impact sting operationsIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“Pawan Duggal, notable lawyer and IT expert, also talked on the same lines, maintaining that violation of a Fundamental Right is presumed to be done by the “State” and any other person intruding into privacy would be dealt with other laws available under the IT Act or the IPC.” Read More
India’s Finance Minister Warns Of Bitcoin ‘Ponzi Scheme’In this report, Cyberlaw Expert Pavan Duggal quoted as under:-
“Mere issuance of an advisory is not sufficient when thousands of people have lost money in cryptocurrency,” said Pavan Duggal, a cyber expert and a lawyer with India’s top court. “Government has the sovereign duty to come up with a legal framework to regulate the cryptocurrencies and protect genuine investors.” Read More
Bitcoin gaining ground in city despite RBI warningsIn this report, Cyberlaw Expert Pavan Duggal quoted as under:-
Pavan Duggal, Supreme Court advocate and cyber law expert, says investors must be wary about cryptocurrency. Read More
IT Act allows govt to pull up platforms for data misuse
In this report, Cyber expert and Supreme Court Advocate Pavan Duggal said if someone accesses your systems without permission, copies or downloads data, it becomes the basis for seeking damages by way of compensation under Section 43 of the IT Act, and under Section 43A, one can seek unlimited damages in case sensitive personal data is unauthorisedly accessed. Read more
Why India is still nowhere near securing its citizens' data (Tech Trend)
In this report, Pavan Duggal, the nation's leading cyber law expert, told IANS the moot point here is: How do we regulate mobile app providers, social media players and intermediaries in terms of handling and processing the users' data? We don't have a data protection law in place. We neither have a national law on cyber security nor a national law on privacy. Read More
Indian laws inadequate to deal with data theft, say experts
In this report, Supreme Court lawyer Pavan Duggal said it would be a mistake to expect the IT Act to be a holistic one-point legal framework for cyber security as it was enacted 10 years ago. Read More
No stay of trial in civil or criminal cases to last beyond six months: SC
In this report, Pavan Duggal, the nation's leading cyber law expert, told IANS the moot point here is: how do we regulate mobile app providers, social media players and intermediaries in terms of handling and processing the users' data? we don't have a data protection law in place. we neither have a national law on cyber security nor a national law on privacy. Read More
Deadline for linking Aadhaar with welfare schemes extended to June 30
In this report, Pavan Duggal, a Supreme Court advocate and an expert on cyber laws says the extension of deadline for linking of Aadhaar for welfare schemes is a right step in the right direction as the Supreme Court is yet to rule on the whole Aadhaar issue. Read More
Without stringent law, threats to Mark Zuckerberg are hollow: Experts
In this report, Pavan Duggal, cyber law expert and Supreme Court advocate says Facebook is not an Indian company. We do not know how far it is complying with India’s IT Act. We should not be compromising on security and allow tech firms to play in the market without complying with the laws. Read More
At loggerheads now, govt once used Facebook, Google for digital push
In this report, Pavan Duggal, cyber law expert and Supreme Court advocate said the IT Act is silent and India does not have a privacy law and a data protection law. We need to revisit intermediary liability and put them in far more rigorous compliances. Read More
Researcher Alleges Modi’s Official App Ships Data Abroad
In this report, Digital law expert and author Pavan Duggal said Indian regulations offered particularly weak safeguards. Read More
Cambridge Analytica controversy: Urgent need for data protection laws, say experts
In this report, Cyber law expert and advocate Pavan Duggal said these are real world scenarios which impact every country. I see no reason why it should not impact India. India is the biggest democracy in the world. Read More
Tech firms got greater leniency: Expert
In this report, Supreme Court lawyer and well known cyber expert Pavan Duggal said, it is important that the governments, regulators, customers and technology and content companies take this as a wake up call as such scenarios can be repeated anywhere including India. Read More
BJP, Congress fight over who leaked user data as privacy debate continues
In this report, Pavan Duggal, a cyber security lawyer, said, “India does not have a dedicated legal framework to govern mobile applications. This entire episode is a wake-up call to protect consumers of mobile app service providers, given India does not have a dedicated privacy law.” Read More
India Has a Long Way to go Before it Can Avoid a Cambridge Analytica Episode
In this report, Renowned cyber law advocate Pavan Duggal said as of now there exists now law in the book which could avoid such an episode or take to task those who do this, if and when they do. Read More
Aadhaar Bridge: The Aadhaar Conundrum
In this report, According to cyberlaw specialist advocate Pavan Duggal, this is like a “house of cards” and the entire burgeoning ecosystem of Aadhaar has grown with absolutely no legal framework and, hence, no legal oversight. “We are playing with fire here,” he told India Legal. Read More
A federal agency to check cyber crimes, yet miles to go
In this report, Senior Advocate and Cyber Expert Pawan Duggal said “India is not yet a part of any treaty on cyber crime. India is not signatory of the Convention of on Cyber Crime Council of Europe, so often it becomes very difficult for India to get information of cyber crime outside the territorial boundaries of India”. Read More
As cyber risks grow, insurance firms tap business opportunity
In this report, Pavan Duggal, an advocate in the Supreme Court said “By and large, people become victims of cybercrimes and scams because they have very little clue about the significance of cyber security in their day-to-day lives. Most people are grossly negligent and they end up losing money on the internet because they end up sharing details like passwords and pin codes with people they should not be sharing with.” Read More
In this Article, Pavan Duggal says that the Budget has recognized the role that emerging technologies like Artificial Intelligence, Internet of Things, blockchains, machine learning and quantum communication can play, to have a constructive impact on India’s progress. Read More