A Virtual Conference on ‘Encryption & Platform Regulation Debate in India’ co-hosted by The Dialogue and the Law & Technology Society of National Law School of India, Bangalore was held on April 4. The event was graced by Justice Ajit Prakash Shah, Former Chief Justice, Delhi High Court; Dr Menaka Guruswamy, Senior Advocate, Supreme Court of India; Mr Joan Barata, Non-Resident Fellow, Stanford Centre for Internet & Society; Mr Rodney D. Ryder, Founding Partner, Scriboard and Ms Arya Tripathi, Partner, PSA Legal.
The results of the National Essay Writing Competition on Law and Technology which too were themed on Encryption and Platform Regulation in India were also announced.
The panellists discussed how the mandate in the new IT Rules of 2021 will not just impact attorney-client privilege but also the Constitutionally guaranteed freedom of speech, privacy and operation of Indian companies at a global scale.
Dr. Menaka Guruswamy who was also the jury member for the National Essay Competition highlighted the importance of such competitions. She also discussed how the IT Rules 2021 interact with the Data Protection and Encryption landscape in India in the background of the Puttaswamy judgement.
Dr. Joan Barata shared his feedback on the essays. He further pointed out the challenges within the IT Rules 2021 focusing on the Traceability mandate, lack of adherence to International Standards and its repercussions for society.
Speaking at the Virtual Conference Ms. Arya Tripathi discussed the Structural & Implementational Challenges in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 & speaks to the challenges of lack of clarity in the law. She also explained the importance of Accountability & Transparency within governance, & the role of the Judiciary in upholding these principles.
The Essay Competition received over 150 registrations across legal institutions in the country from undergraduates to PhD scholars. The winners for the theme ‘Critical Appraisal of Right to Privacy in the context of intermediary liability’ were Shreya Jain and Pavitra Naidu, while Niyati Karia and Shalvi Ponwar were adjudged first runners up. Both these teams were from O.P. Jindal Global University. Nidhi Agarwal from NMIMS, Mumbai has been adjudged the second runner up.
The winner for the theme ‘Situating Encryption and allied rights within the Indian legal framework’ was Devansh Kaushik from NLSIU, Bangalore, while Aadith and Anasuya Nair from Tamil Nadu National Law University were adjudged first runners up. Rajyavardhan Rajavat and Aditya Joshi from Dharmashastra National Law University, Jabalpur have been adjudged second runners up.
