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The report must place greater emphasis and take into consideration the digital divide between the urban and rural population as well as the the gender divide that exists amongst Indian citizens
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There is a lack of clarity on how the data will be collected and shared between the different systems within the ICJS and for how long will the data be retained.
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There is a lack of clarity on the rules and regulations surrounding storage of data collected under this project
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There are a number of key limitations of the proposed technologies (automated courts, virtual courtrooms and online dispute resolution mechanisms) that will limit their effectiveness
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Increased technological integration would require dedicated efforts to foster public trust in the judicial process.
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While South Asian countries like Philippines and Thailand are constantly developing strong systems to handle most cases online and transitioning to an e-court system, countries like Vietnam and Indonesia have introduced limited systems for exchange of documents before hearings.
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The issues reported with the functioning of the e-court system in South Asian nations include insufficient infrastructure and equipment, inadequate training of court personnel, limited IT support, and staff shortages that constrain data encoding and updating of court records.
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Countries like China and Singapore undertook a deliberative slow uptake process, applying eCourts and technology to judicial hearings sectorally in the beginning to test their effectiveness. Thereafter large-scale implementation of virtual or digital courts and new technologies like - data analytics for caseload prediction in Singapore and China’s e-evidence platform based on blockchain technology - have proved to serve the intended purpose of efficient and effective judicial process with the aid of digital technologies.
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African countries such as Kenya and Libya have seamlessly transitioned to virtual court systems and e-filings along with other e-services for justice delivery. However, challenges with implementation persist, mainly relating to -
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● Low internet penetration rates creating a digital divide mainly between the urban and rural areas of Africa.
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● Power outages, mainly in rural areas of Africa thus creating an impediment to access to justice with respect to virtual hearings in rural areas without electricity backup.
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● Lack of skills for operating digital judicial systems requiring effective and continuous user-training to operate technologies like Kenya’s Electronic Case Management System (ECMS).
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● Challenges with complicated digital systems where continuous user platform development is required to simplify processes to access and use systems like online-filing or access to judicial websites so as to make it easy to use for all stakeholders involved.
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● Need for a singular legislative and regulatory framework prior to adoption, whereby different rules on similar cases in different virtual courts across states causes inter-state judicial splits, an impediment to access to justice
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C. Recommendations:
- 1. Dedicated programs must be identified and supported to ensure that citizen focused
digitisation takes place so as to not leave any people out of the scope of the judiciary
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A dedicated regulatory and administrative framework must be published as soon as possible that takes into consideration questions of data storage, data protection and purpose limitation among other considerations. Such a framework must also explicitly call out the limited use cases of technologies like virtual courts.
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The MHA to codify and specify the regulations with regard to the processing of data through the systems under the ICJS and clear directives on the nature and scope of integration of judicial infrastructure with the ICJS must be provided
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Studies to be conducted to identify the challenges that may arise when implementing proposals such as virtual or automated courts, virtual courtrooms that use audio visual software and online dispute resolution mechanisms. Such studies would allow for policies to be effectively identified prior to widespread implementation and would significantly reduce the possibility of unintended harms.
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Identifying measures to improve public trust in the integration of technology within the judiciary through judicial education schemes, etc.
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Due to varying precedents provided by High Courts and the Supreme Court of the country, there is a requirement for uniform and clear guidelines/directives with respect to the process of electronic evidence management and preservation in India.
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WIPO SCCR 41: Notes from Day 2
Member states delivered opening statements and deliberated on the scope, direction, and progress of work on the limitations and exceptions agenda. This blog post summarises positions and contentions around: 1) Information Session on impact COVID 2) Creating a binding limitations and exceptions international instrument 3) Work Plan under the L&E agenda 4) Conducting regional consultations as per the report on regional seminars and international conference on limitations and exceptions.
State of Consumer Digital Security in India
This report attempts to identify the existing state of digital safety in India, with a mapping of digital threats, which will aid stakeholders in identifying and addressing digital security problems in the country. This project was funded by the Asia Foundation.
Comments on the Cinematograph (Amendment) Bill, 2021
In this submission, we examine the constitutionality and legality of the Cinematograph (Amendment) Bill, 2021, which was released by the Ministry of Information and Broadcasting.
Right to Exclusion, Government Spaces, and Speech
The conclusion of the litigation surrounding Trump blocking its critiques on Twitter brings to forefront two less-discussed aspects of intermediary liability: a) if social media platforms could be compelled to ‘carry’ speech under any established legal principles, thereby limiting their right to exclude users or speech, and b) whether users have a constitutional right to access social media spaces of elected officials. This essay analyzes these issues under the American law, as well as draws parallel for India, in light of the ongoing litigation around the suspension of advocate Sanjay Hegde’s Twitter account.
At the Heart of Crypto Investing, There is Tether. But Will its Promise Pan Out?
The $18.5 million fine levied by the New York attorney general’s office earlier this year to settle a legal dispute, raises more questions than answers.
Submission to the Facebook Oversight Board in Case 2021-008-FB-FBR: Brazil, Health Misinformation and Lockdowns
In this note, we answer questions set out by the Board, pursuant to case 2021-008-FB-FBR, which concerned a post made by a Brazilian sub-national health official, and raised questions on health misinformation and enforcement of Facebook's community standards.
WIPO SCCR 41: Statement by CIS on Limitations and Exceptions Agenda Item
Anubha Sinha delivered a statement on behalf of CIS, on day 2 of the 41st WIPO SCCR session, on the limitations and exceptions agenda item.
Platforms, Power, and Politics: Perspectives from Domestic and Care Work in India
CIS has been undertaking a two-year project studying the entry of digital platforms in the domestic and care work in India, supported by the Association for Progressive Communications as part of the Feminist Internet Research Network. Implemented through 2019-21, the objective of the project is to use a feminist lens to critique platform modalities and orient platformisation dynamics in radically different, worker-first ways. Ambika Tandon and Aayush Rathi led the research team at CIS. The Domestic Workers’ Rights Union is a partner in the implementation of the project, as co-researchers. Geeta Menon, head of DWRU, was an advisor on the project, and the research team consisted of Parijatha G.P., Radha Keerthana, Zeenathunnisa, and Sumathi, who are office holders in the union and are responsible for organising workers and addressing their concerns.
IFAT and ITF - Protecting Workers in the Digital Platform Economy: Investigating Ola and Uber Drivers’ Occupational Health and Safety
Between July to November 2019, Indian Federation of App-based Transport Workers (IFAT) and International Transport Workers’ Federation (ITF), New Delhi office, conducted 2,128 surveys across 6 major cities: Bengaluru, Chennai, Delhi NCR, Hyderabad, Jaipur, and Lucknow, to determine the occupational health and safety of app-based transport workers. CIS is proud to publish the study report and the press release. Akash Sheshadri, Ambika Tandon, and Aayush Rathi of CIS supported post-production of this report.
On the legality and constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
This note examines the legality and constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The analysis is consistent with previous work carried out by CIS on issues of intermediary liability and freedom of expression.
A Comparative Analysis of Cryptocurrency Reporting in Financial Statements
The Ministry of Corporate Affairs (MCA) on March 24, 2021, came out with a notification inter alia mandating disclosures of cryptocurrency holdings by companies in their balance sheets. These changes have been effectuated by making requisite amendments to Schedule III of the Companies Act, 2013. The notification specified that companies are now required to report the profit or loss accrued due to trade or investment in any type of cryptocurrency or virtual currency, the amount of cryptocurrency that the company holds on the reporting date, and the deposits or advances from any person that have been made for the purposes of trading or investing in cryptocurrencies or virtual currencies.
The decision on new disclosure requirements comes amidst parliamentary discussions on cryptocurrency and speculations of another attempt at prohibition. Meanwhile, this step has been welcomed by the cryptocurrency industry in India as it signals towards a more positive approach being taken by the government with regards to corporate cryptocurrency transactions in India. Moreover, while it opens up new possibilities of scrutiny of such transactions, this measure will also be beneficial in identifying key policy gaps in cryptocurrency regulation in India when we look at corresponding requirements in foreign jurisdictions.
In this Issue Brief, the policy landscape in the United States of America (USA), United Kingdom (UK), and Japan is discussed and particular emphasis is placed upon definition, accounting practices, and taxation, with respect to cryptocurrencies. It is thus identified that such jurisdictions have taken concrete steps in this regard by providing clear guidance (such as through HMRC’s Cryptoassets Manual and ASBJ’s advisory notification on accounting for cryptocurrencies).
Then, the regulations in India are looked into comprehensively and specific policy recommendations are made, as it is ascertained that no clear steps have been taken in the aspects that have been mentioned above. Although the March MCA Notification is a positive step on corporate cryptocurrency transactions, the following steps are needed further: firstly, a clear and comprehensive definition of cryptocurrency and cryptoassets must be laid down, preferably through a central legislation; secondly, a separate category for cryptocurrencies under the Indian Accounting Standards (Ind AS) should be created; and thirdly, complete guidance on applicable taxes on cryptocurrency transactions, by individuals and corporates, must be provided.
It is thus concluded that while the government is willing to engage with various stakeholders, with positive intent, comprehensive and definitive steps are the need of the hour. This is essential to safeguard the large number of cryptocurrency investors in India, and to quell the uncertainty that is created by speculative measures such as banks declining services for cryptocurrency transactions.
The full issue brief can be read here
A Comparative Study of Article Creation Campaigns on Wikipedia - Part II
This is a short report on a comparative analysis of two prominent Wikimedia initiatives, Wikipedia Asian Month and Project Tiger, to understand prevailing challenges and opportunities, and strategies to address the same. The report has been authored by Nitesh Gill with inputs from Suswetha Kolluru, and editorial oversight and support by Puthiya Purayil Sneha. This is part of a series of short-term studies undertaken by the CIS-A2K team in 2019–2020.
Atmanirbhar Bharat Meets Digital India: An Evaluation of COVID-19 Relief for Migrants
With the onset of the national lockdown on 24th March 2020 in response to the outbreak of COVID-19, the fate of millions of migrant workers was left uncertain. In addition, lack of enumeration and registration of migrant workers became a major obstacle for all State Governments and the Central Government to channelize relief and welfare measures.
CIS Comments on the Phase III of E-Courts draft policy
EXECUTIVE SUMMARY
This submission is a response by the researchers at CIS to the Supreme Court E-committee’s draft vision document of phase III of the E-courts project.
We have put forward the following comments and recommendations based on our analysis of the draft report:
A. General Comments
B. International Comparison
We have comparatively analysed the integration of digital technology into the judiciary in both South Asia and Africa. Having identified their implementation in both these regions we have identified the following trends:
The Many Languages of Digital Infrastructures
This essay by Puthiya Purayil Sneha and Anasuya Sengupta outlines some of the key challenges in digitalisation and representation of non-dominant/marginalised languages on the internet today, through reflections on two recent projects related to languages and the internet. The essay has been published in Seminar Magazine, as part of its thematic focus this month on 'Navigating Language in a Digital Age.'
Beyond Public Squares, Dumb Conduits, and Gatekeepers: The Need for a New Legal Metaphor for Social Media
In the past few years, social networking sites have come to play a central role in intermediating the public’s access to and deliberation of information critical to a thriving democracy. In stark contrast to early utopian visions which imagined that the internet would create a more informed public, facilitate citizen-led engagement, and democratize media, what we see now is the growing association of social media platforms with political polarization and the entrenchment of racism, homophobia, and xenophobia.
Regulating Sexist Online Harassment as a Form of Censorship
This paper is part of a series under IT for Change’s project, Recognize, Resist, Remedy: Combating Sexist Hate Speech Online. The series, titled Rethinking Legal-Institutional Approaches to Sexist Hate Speech in India, aims to create a space for civil society actors to proactively engage in the remaking of online governance, bringing together inputs from legal scholars, practitioners, and activists. The papers reflect upon the issue of online sexism and misogyny, proposing recommendations for appropriate legal-institutional responses. The series is funded by EdelGive Foundation, India and International Development Research Centre, Canada.
Community Data and Decisional Autonomy: Dissecting an Indian Legal Innovation for Emerging Economies
Read this paper configuring community data with Indian constitutional jurisprudence by Amber Sinha and Arindrajit Basu
Update on Publisher’s Copyright Infringement Suit Against Sci-Hub and LibGen in India
Anubha Sinha provides a summary of the progress of the copyright infringement suit against Sci-Hub and LibGen in India. This article was first published in InfoJustice on March 8, 2021.
The STI Policy Proposes a Transformative Open Access Approach for India
Anubha Sinha explains what the draft national Science, Technology and Innovation policy means for open access to scientific literature for Indians. This article was first published in The Wire Science on January 21, 2021.
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