Internet Governance Blog

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Breach Notifications: A Step towards Cyber Security for Consumers and Citizens

by Amelia Andersdotter — last modified Nov 14, 2017 03:38 PM
November 14, 2017

Through the Digital India project the Indian government is seeking to establish India as a digital nation at the forefront. Increasingly, this means having good cyber-security policies in place and enabling a prosperous business environment for companies that implement sound cyber-security policies. This paper will look at one such policy, which enables investments in cyber-security for IT products and services through giving consumers a way to hold business owners and public authorities to account when their security fails.

Breach Notifications: A Step towards Cyber Security for Consumers and Citizens - Read More…

A Comparison of Legal and Regulatory Approaches to Cyber Security in India and the United Kingdom

by Authored by Divij Joshi and edited by Elonnai Hickok — last modified Nov 14, 2017 03:26 PM
November 12, 2017

This report is the first part of a three part series of reports that compares the Indian cyber security framework with that of the U.K, U.S and Singapore.

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Why Presumption of Renewal is Unsuitable for the Current Registry Market Structure

by Padma Venkataraman — last modified Oct 31, 2017 02:53 AM

With the recent and much protested renewal of the .net legacy Top-Level-Domain (TLD), the question of the appropriate method of renewal has again come to the forefront. While this seems relatively uncontroversial to most, Padma Venkataraman, a law student and intern at CIS looks at presumptive renewal through a critical lens.

Why Presumption of Renewal is Unsuitable for the Current Registry Market Structure - Read More…

CIS’ Efforts Towards Greater Financial Disclosure by ICANN

by Padma Venkataraman — last modified Oct 31, 2017 02:10 AM

CIS has been working towards enhancing transparency and accountability at ICANN since 2014. While initial efforts have resulted in ICANN revealing its sources of income in a granular fashion in 2015, we are yet to see this level of transparency become a default approach within ICANN. Here, Padma Venkataraman chronologically maps CIS’ efforts at enhancing financial transparency and accountability at ICANN, while providing an outline of what remains to be done.

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ICANN’s Problems with Accountability and the .WEB Controversy

by Padma Venkataraman — last modified Oct 28, 2017 03:49 PM

The Post-Transition IANA promised enhanced transparency and accountability to the global multistakeholder community. The series of events surrounding the .WEB auction earlier this year has stirred up issues relating to the lack of transparency and accountability of ICANN. This post examines the .WEB auction as a case study to better understand exact gaps in accountability.

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Revisiting Per Se vs Rule of Reason in Light of the Intel Conditional Rebate Case

by Shruthi Anand — last modified Oct 04, 2017 01:45 PM
October 04, 2017

Recent developments in the European Union (EU) regarding the antitrust case against Intel have brought back into focus two rules of competition law analysis- the per se rule and the rule of reason. In light of the decision by the Court of Justice of the European Union in the matter, this Note examines the application of the two rules to the case in detail. Additionally, it analyzes the statutory and judicial basis for the rules in the context of the EU and Indian competition law regimes, and concludes by identifying some areas in which these concepts would be relevant.

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The Fundamental Right to Privacy: An Analysis

by Amber Sinha — last modified Oct 04, 2017 11:19 AM

Last​ ​month’s​ ​judgment​ ​by​ ​the​ ​nine​ ​judge​ ​referral​ ​bench​ ​was​ ​an​ ​emphatic endorsement​ ​of​ ​the​ ​the​ ​constitutional​ ​right​ ​to​ ​privacy.​ ​In​ ​the​ ​course​ ​of​ ​a​ ​547​ ​page judgment,​ ​the​ ​bench​ ​affirmed​ ​the​ ​fundamental​ ​nature​ ​of​ ​the​ ​right​ ​to​ ​privacy reading​ ​it​ ​into​ ​the​ ​values​ ​of​ ​dignity​ ​and​ ​liberty.​ In the course of a few short papers, we will dissect the various aspects of the right to privacy as put forth by the nine judge constitutional bench in the Puttaswamy matter. The papers will focus on the sources, structure, scope, breadth, and future of privacy. Here are the first three papers, authored by Amber Sinha and edited by Elonnai Hickok.

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Rethinking National Privacy Principles: Evaluating Principles for India's Proposed Data Protection Law

by Amber Sinha — last modified Sep 11, 2017 02:22 AM
September 11, 2017

This report is intended to be the first part in a series of white papers that CIS will publish which seeks to contribute to the discussions around the enactment of a privacy legislation in India. In subsequent pieces we will focus on subjects such as regulatory framework to implement, supervise and enforce privacy principles, and principles to regulate surveillance in India under a privacy law.

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MediaNama - #NAMAprivacy: The Future of User Data (Delhi, Sep 6)

by Sumandro Chattapadhyay — last modified Sep 05, 2017 10:22 AM

MediaNama is hosting a full day conference on "the future of user data in India", on the 6th of September 2017, which is particularly significant given the recent Supreme Court ruling on the fundamental right to privacy, and two government consultations: one at the TRAI, and another at MEITY. This discussion is supported by Facebook, Google, and Microsoft. Sumandro Chattapadhyay, Research Director, will participate as a speaker in the session titled "regulating storage, sharing and transfer of data."

MediaNama - #NAMAprivacy: The Future of User Data (Delhi, Sep 6) - Read More…

CIS Statement on Right to Privacy Judgment

by Amber Sinha — last modified Aug 31, 2017 06:13 PM

In an emphatic endorsement of the right to privacy, a nine judge constitutional bench unanimously upheld a fundamental right to privacy. The events leading to this bench began during the hearings in the ongoing Aadhaar case, when in August 2015, Mukul Rohatgi, the then Attorney General stated that there is no constitutionally guaranteed right to privacy.

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