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The extended time for public comments to be submitted for the proposed changes in the Intermediary Guidelines is ending on 31st January 2019.

Naavi has already added his views in the comments submitted by the Foundation of Data Protection Professionals in India, a copy of which is found here…. Comments of FDPPI

Mr Rajeev Chandrashekar, MP has also published the comments submitted by him, a copy of which is available here….Comments of Mr Rajeev Chandrashekar

Mr Chandrashekar, who was also a member of the standing committee which went into an in depth discussion on “Intermediary Liabilities” which ended up with the amendments of 2008, has recalled the observations made by the Standing Committee in his comments.

A copy of the standing committee report is available here… Standing Committee Report of 2006-2008

Essence of Mr Chandrashekar’s Comments

Mr Rajeev Chandrashekar has basically suggested that there is a need to regulate the intermediaries and make them liable for misuse. He has however pointed out that there are different categories of intermediaries and one size fits all kind of approach should be avoided. He has basically identified 5 types of intermediaries namely the ISPs, Data Processing and web hosting companies, Search engines, E Commerce  and social media companies.

Mr Chandrashekar has expressed a strong opinion that technology companies must proactively prevent misuse of their platforms.

An important point that Mr Chandrashekar has made is that today intermediaries are not “mere conduits”. Profiling of users by a study of the information passed through is the order of the day. Hence there is no logic in these intermediaries putting up an excuse that such a requirement would either be infeasible or a burden on them.

Naavi agrees with this view and has strongly advocated for a long time that “Intermediaries” cannot simply make money by purveying information that is used for committing crimes. In the recent days the political parties have taken the fake news to a different level. The trust of the internet as a media has been destroyed by the fake news factories. Hence regulating the social media has become inevitable and the ready instrument available is the social media.

The Intermediary guidelines will soon end up with the Supreme Court and it will do its bit to confuse the matters.  Unfortunately, the Courts in India at the Supreme Court level have repeatedly failed to raise above the politics and in recent days yielded to the pressures created by the politician lawyers and the anti-Government PIL lawyers to the extent that the credibility of the institution as a neutral judicial authority has turned shaky.

The Court is unlikely to look at the good intention behind the proposal and  will be amenable to be influenced by the advocate’s aura and political ideologies. The Court will be happy to stamp its authority by rejecting what the Government proposes even if it is on flimsy technical grounds without looking at the larger consequences and this will be fodder for the opposition political parties during the election time.

Hence the Government has to be careful in drafting the guidelines.

Naavi

Data Privacy Day is being celebrated since 2018 across the globe to increase the awareness about Privacy.

With the Personal Data Protection Act (PDPA-2018) under process, India is taking a significant step towards bringing in a comprehensive data protection regulation which is a step ahead of the global regulation including GDPR.

But we need to remember that Data Protection Act in India actually came into being on 17th October 2000 in the form of Information Technology Act  2000 which gave protection to all data including personal data, sensitive personal data and other data by providing civil compensation under section 43 and criminal punishments under Section 66. This was further strengthened on 27th October 2009 with Section 43A, Section 72A in particular and other sections such as Section 67C etc.

Let us celebrate the international data privacy day of 2019 with the expectation that before the year is out, India will have its own Privacy Act.

Naavi

It is terribly unfortunate that the Congress Party under Sonia/Rahul has turned one of the biggest enemies of the country just because it wants to capture power. While it is its right to fight the election and win, it has no right to undermine the country the way they are doing now.

The so called Cyber Expert Syed Shuja in association with the Indian Journalists Association, UK, under the watchful eyes of Mr Kapil Sibal, made many statements that Indian EVMs were programmed for hacking and used in 2014 by BJP to win the elections. He also made statements that the opposition parties are also aware of this but they were very honest and did not use it when they won the recent elections in Madhya Pradesh, Rajasthan and Punjab. Also he stated that Gauri Lankesh in Bangalore who was shot probably because of some difference with her Naxal friends and Gopinath Munde who died in a road accident were both murdered because they knew that EVM could be tampered. Perhaps he thinks no body else in BJP or in the opposition knew it and hence were not murdered.

The claims are so childish that even a discussion on the same appears a needless recognition for this anti India tirade.

I would like to however discuss a related aspect which is that Congress has been adopting a psychological strategy to soften the institutional heads and turn them into either their supporters or at least make them incapable of taking necessary actions in the course of their duty which may go against the Congress.

The strategy starts with spreading lies and accusing a person in charge of an important office of being corrupt and favouring BJP. Continue it’s campaign with the help of some part of the bought over media until the honest person gets so disgusted that he will be over come with decision paralysis.

They first tried this effectively against the previous CJI by bringing about an impeachment discussion though they knew that it could not progress. They then withdrew it but gave a notice to the other Judges that if they donot toe the line of Congress, there would be an impeachment action against them also along with mis-information in the media.

They thus softened the Supreme Court which today agrees to take up any issue brought up by the Congress advocates and issues notices to the Government even if the matter is meaningless. Supreme Court has also been obliging in postponing the National Herald Case and the Ayodhya case endlessly to suit the Congress. In the bargain the credibility of the Supreme Court has been hurt.

They attacked CVC during the Alok Varma dispute and made it look as if CVC office itself is unreliable. CVC has already been discredited because CVC reports on the UPA scams are well known.

Now Congress is targeting the Election Commission by targeting the EVMs. If EVMs were being tampered for the last 5 years, all Election Commissioners who held the office should also be compromised.

The claims made by Syed Shuja are so absurd that it does not merit any serious discussion. But it can be a gossip which can keep circulating and used by the politicians in their public speeches.  This is a strategy which Congress is pursuing and will be reasonably successful also.

Many people in the professional circles are falling prey to this propaganda and advocating various measures which will dilute the credibility of the Indian Election Commission.

We request professionals to raise above their individual political views and ensure that false technology narratives are not used to discredit our country’s apex institutions.

I wish the Government/ECI takes immediate legal action against the Indian Journalists Association, UK and Syed Shuja, as well as Kapil Sibal for  direct or indirect association with the false propaganda.

Naavi

Reference

Solution to EVM Controversy

Clarifications on Cyber Law Compliancy of EVMs

Hacking and Indian Elections

Hacking of EVMs is Cyber Terrorism

Bring Your own Virus infected Computer and say all computers can be tampered!

S Umashankar Vs ICICI Bank was a historic adjudication decision of the Adjudicator of Tamil Nadu in decided in 2010 (Complaint filed in 2008). The award had held ICICI Bank liable to pay compensation to the customer because the Bank was negligent and caused the loss despite the incident also involving a phishing element.

The Bank had appealed against the order  with Cyber Appellate Tribunal (CyAT). Unfortunately, just before the judgement to be given in CyAT, the then Chairman attained superannuation in June 2011 and the operations of CyAT stopped completely. Two successive Governments could not find a replacement for the chairman until in 2017, CyAT was merged with TDSAT.

TDSAT reopened the proceedings on 31st July 2018 and yesterday the 10th January 2019, pronounced the judgement upholding the Adjudication order though it reduced a part of the compensation granted by the AO on expenses account.

With this a 10 year fight for justice of a Cyber Crime victim appears to have reached a decisive stage though the mop up operations by way of execution of the decree need to be completed.

Naavi

[Update: A review had been filed on the decision as regards the interest payable for the intervening period since the adjudication order upto the TDSAT order. The order dated 3rd April 2019, provided the interest relief. Watch for further updates if any.]

The Reserve Bank of India has issued a circular “Customer Protection – Limiting Liability of Customers in Unauthorised Electronic Payment Transactions in Prepaid Payment Instruments (PPIs) issued by Authorised Non-banks” on January 4, 2019.

This is similar to the circular earlier issued for Banks and cooperative Banks

Accordingly, if the victim of a Cyber Crime informs the PPI issuer within 3 days, there shall be no liability.

Naavi