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Digital Rights and Internet Governance: Navigating the Challenges of the Digital Age

thelawwaywithlawyers@gmail.com August 10, 2023 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 2 ISSUE NO:- 2 , AUGUST 10, 2023 MITRA MEHTA Digital Rights and Internet Governance: Navigating the Challenges of the Digital Age Introduction: The proliferation of digital technology and the ubiquitous use of the internet have transformed our lives in ways that were previously unimaginable. The advent of the digital age has created numerous opportunities for connectivity, communication, and information access. Nonetheless, it has presented numerous challenges to individual rights, privacy, security, and internet governance as a whole. Digital Rights: As more aspects of our lives migrate online, it has become crucial to ensure the preservation of fundamental rights in the digital domain. Digital rights include the right to privacy, freedom of expression, information access, and protection against online harassment and cybercrime. Article 211 protects the right to privacy, along with the right to life and personal liberty. In addition, the Information Technology Act of 2000 and its subsequent amendments protect digital rights legally. The Act’s Section 43A2 addresses data protection and establishes penalties for the improper disclosure and misuse of personal information. Internet Administration: Internet governance refers to the systems and mechanisms that govern the Internet’s use, development, and operation. As the internet transcends national boundaries, its governance is comprised of a complex matrix of international institutions, national laws, and technical standards. The Department of Telecommunications (DoT) is responsible for formulating Internet governance policies in India. The IT Act of 20003 grants the government the authority to regulate and govern various aspects of internet usage, such as content censoring, cybersecurity, and electronic communication interception, to maintain law and order. Difficulties in the Digital Age: While the digital age has created new opportunities, it has also introduced several obstacles. As corporations and governments collect, store, and frequently exploit the personal information of individuals, the erosion of their privacy is a major concern. The risk of cybercrime, including hacking, online financial deception, and identity theft, has also grown. The proliferation of false news, hate speech, and other forms of detrimental content on the internet poses significant threats to free speech and social harmony. Maintaining a balance 1 Constitution of India 2 Information Technology Act, 2000 3 Information Technology Act, 2000 between free speech and online abuse prevention is a difficult endeavour. Moreover, the digital camera In addition to the digital divide, disparate internet access is a significant obstacle to ensuring inclusion and equal opportunities in the digital world. To navigate the challenges of the digital age, governments, civil society, internet service providers, and individuals must collaborate. It is crucial to establish a delicate equilibrium between protecting the digital rights of individuals and fostering the expansion and development of the digital economy. In the future, policymakers must ensure that robust legal frameworks safeguard digital rights while also fostering innovation and economic development. It is crucial to increase public awareness of digital rights and responsible online behaviour. Effective internet governance requires international cooperation and collaboration, as the internet transcends national boundaries. In the swiftly changing digital environment, it is essential to continuously evaluate and adapt legal frameworks to protect digital rights and improve internet governance, ensuring that the benefits of the digital age are accessible to all while minimising potential harm. Cybersecurity Threats: As reliance on digital platforms has increased, so has the susceptibility to cyberattacks. No one is immune to the dangers of data breaches, hacking, and ransomware attacks, not even individuals, large businesses, or governments. The preservation of sensitive data and the development of effective cybersecurity measures are now of the utmost importance. In India, legislation such as the IT (Amendment) Act, of 20084, establishes legal frameworks for prosecuting cybercriminals and outlines provisions for preventing intrusions. Digital Divide and Internet Access Although the Internet has the potential to improve economic, social, and educational opportunities, the digital divide continues to be a significant obstacle. Many individuals in developing nations and underserved communities continue to lack affordable and dependable Internet connectivity. It is essential to ensure equitable internet access to close the gap and foster inclusive development. Initiatives like the Digital India campaign seek to provide rural areas with high-speed Internet access and promote digital literacy. Intellectual Property Rights and Digital Content The digital age has transformed the creation, distribution, and consumption of content. Nonetheless, it has created difficulties in protecting intellectual property rights (IPRs). The simplicity of duplicating and disseminating digital content has led to pervasive infringement and piracy. The Copyright Act of 19575 and subsequent amendments are intended to address these concerns. In addition, the advent of emerging technologies such as blockchain has the potential to transform the administration and enforcement of intellectual property rights. Online harassment and digital misinformation: Regrettably, the anonymity that the internet provides has given rise to a variety of online harassment practices, including cyberbullying, surveillance, and revenge porn. A comprehensive legal framework that protects individuals 4 Information Technology (Amendment) Act, 2008 5 The Copyright Act of 1957. from such abuses while preserving free speech is required to address these issues. Similarly, the propagation of digital misinformation and false news has emerged as a problem with the potential to influence public opinion and cause social discord. Combating misinformation and promoting digital media literacy are crucial aspects of Internet governance. Data Protection and Surveillance The acquisition and use of personal data by online platforms and governments have raised privacy and surveillance concerns. Policymakers face the challenge of striking a delicate equilibrium between data protection and the need for intelligence gathering. In India, the introduction of the Personal Data Protection Bill, 2019, is a step towards addressing these concerns and ensuring transparency, accountability, and consent in the use of personal data. As society continues to navigate the challenges of the digital age, it is crucial to recognise the significance of preserving digital liberties and implementing effective internet governance. Governments, organisations, and individuals must collaborate to create strong legal frameworks, prioritise cybersecurity, bridge the digital divide, safeguard intellectual property rights, combat online harassment, address misinformation, and uphold privacy

Advancement in Cyber Law and Cyber Security in India

thelawwaywithlawyers@gmail.com August 1, 2023 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 2 ISSUE NO:- 2 , August 1, 2023 Advancement in Cyber Law and Cyber Security in India Abstract- The significance of cyber law in India lies in its provision of essential legal structures and regulations to tackle cybercrimes, safeguard digital rights, and guarantee the protection of individuals and organizations within the digital sphere. It plays a pivotal role in combating cyber threats, fostering responsible conduct online, and establishing systems for the investigation, prosecution, and prevention of cyber offenses. Index Topics- Cybercrime Origin Interpersonal- Cyber crime Types Of Cyber Attacks Online Child Sexual Abuse Cyber Laws and Cyber Crimes in India Lanzarote Convention and online Grooming European Convention on Human Rights and Cyber Harassments Case Law In India Case Law in The U.S (United States) Cybercrime Origin- The inception of cybercrime stems from the continuous development of technology and the widespread adoption of the internet. As the interconnectivity and digitalization escalated, so did the prospects for illicit activities within the digital domain. The embryonic origins can be retraced to the bygone era of the 1970s and 1980s, wherein hackers initiated the exploitation of loopholes in computer systems to serve their personal gains or to exhibit their technical prowess. Gradually, cybercriminals achieved heightened levels of sophistication, fostering the establishment of organized syndicates and deploying advanced methodologies such as phishing, malware dissemination, ransomware deployment, and social engineering. The driving forces behind these malevolent acts encompass a spectrum of motives, including monetary enrichment, political objectives, espionage endeavors, and personal vendettas. Presently, the pervasive nature of cybercrime poses substantial hurdles for law enforcement agencies and cybersecurity professionals across the globe. Interpersonal- Cyber crime- Interpersonal cybercrime refers to criminal activities conducted through digital means that directly target individuals. It encompasses various malicious acts perpetrated against individuals, such as identity theft, online harassment, stalking, and financial fraud. With the widespread use of social media platforms, cybercriminals exploit personal information and engage in deceptive tactics to manipulate, exploit, or harm their victims. These crimes often involve phishing scams, catfishing, revenge porn, cyberbullying, and online scams. Interpersonal cybercrime can have severe psychological, emotional, and financial consequences for victims. Law enforcement agencies and internet service providers strive to combat these offenses by raising awareness, implementing stricter regulations, and employing advanced cybersecurity measures to protect individuals from falling victim to such crimes. Types Of Cyber Attacks- Various forms of cyber attacks are employed by malicious actors to target individuals, organizations, and computer systems. Common examples include: Phishing: This attack deceives individuals into divulging sensitive information, such as passwords or credit card details, by assuming the guise of a legitimate entity through emails, text messages, or fraudulent websites. Malware: Malicious software, encompassing viruses, worms, Trojans, ransomware, and spyware, is designed to disrupt, damage, or gain unauthorized access to computer Denial-of-Service (DoS) and Distributed Denial-of-Service (DDoS) Attacks: These assaults overwhelm systems or networks with an excessive influx of traffic, rendering them inaccessible to legitimate users. Man-in-the-Middle (MitM) Attack: In this type of attack, an intermediary intercepts and alters communications between two parties without their knowledge, potentially gaining access to sensitive information. SQL Injection: This attack targets web applications that utilize a Attackers insert malevolent SQL code into input fields, manipulating the database and potentially gaining unauthorized access. Online Child Sexual Abuse- Online child sexual exploitation encompasses a broad spectrum of activities and circumstances. Primarily, this entails grooming, live streaming, the consumption of child sexual abuse material, and the coercion and blackmailing of children for sexual purposes. These activities can manifest in various ways, including: Adults engaging children in conversations about sexual Adults sending nude or pornographic images of themselves to children or exposing themselves through live streaming. Requesting children to view pornographic images or Pressuring children to engage in sexual acts, expose themselves, or share explicit Creating, possessing, and disseminating indecent images of While online child sexual exploitation is commonly associated with adults victimizing children, research suggests an increasing prevalence of child exploitation material being shared via social media and produced by children themselves. This phenomenon, often referred to as self- generated sexual content, frequently involves activities such as “sexting,” which entails the solicitation, capturing, and sharing of explicit material. Cyber Laws and Cyber Crimes in India- In India, the implementation of cyber laws serves the purpose of addressing diverse forms of cybercrime and safeguarding the security and integrity of digital domains. The primary legislation governing cybercrimes is the Information Technology Act, 2000 (IT Act), which underwent amendments in 2008 to extend its purview and fortify legal provisions. The IT Act encompasses a broad spectrum of cyber offenses, encompassing acts like unauthorized access, hacking, data theft, identity theft, phishing, cyberstalking, online harassment, and dissemination of explicit or obscene content. It also encompasses crimes involving the use of computers and communication devices for terrorist activities and financial fraud. The IT Act delineates specific offenses, their corresponding penalties, and the procedures for investigation and prosecution. It further outlines the establishment of a designated authority, the Indian Computer Emergency Response Team (CERT-In), responsible for managing cybersecurity incidents and coordinating responses. The act duly acknowledges the significance of preserving electronic evidence and lays down legal protocols governing the admissibility of electronic records in a court of law. Moreover, it imposes obligations on intermediaries, such as internet service providers and social media platforms, to assist in investigations and comply with requests to remove illicit content. In addition to the IT Act, other pertinent laws encompass the Indian Penal Code (IPC), which criminalizes acts like fraud, forgery, defamation, and harassment, regardless of whether they occur online or offline. Furthermore, the Reserve Bank of India (RBI) and the Securities and Exchange Board of India (SEBI) have issued guidelines and regulations to address cyber crimes associated with financial transactions and securities markets. Lanzarote Convention and online

DETECTION TESTS WITH INDIAN COURT PROCEEDINGS

thelawwaywithlawyers@gmail.com August 1, 2023 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 2 ISSUE NO:- 2 , AUGUST 1, 2023 NAME OF THE AUTHOR: NIHARIKA VERMA 2ND YEAR BSc LLB STUDENT UNIVERSITY: GUJARAT NATIONAL LAW UNIVERSITY SCIENCE v LAW: ANALYSING THE COMPATIBILITY OF DECEPTION DETECTION TESTS WITH INDIAN COURT PROCEEDINGS Unveiling Truth: The Intersection of Science and Law The pursuit of justice depends on the ability to unveil the truth, especially in legal proceedings where the conformity of statements and testimony is of the utmost importance. The intersection between science and law has emerged as a potential tool to detect deception. The techniques like narco-analysis, brain mapping and polygraph test aims to uncover the hidden information and distinguish the truth from deception. However, it carries with it an intricate web of legal considerations, scientific reliability, and ethical implications.1 The admissibility of these techniques in the courtrooms remains a contentious topic of debate, as it directly impacts the administration of justice and fairness of legal proceedings. Consequently, it becomes imperative to evaluate the compatibility of these Deception Detection Tests (DDTs) with the principles and standards of Indian law. Unraveling the web of lies: Understanding DDTs Brain mapping, commonly called Brain Electrical Activation Profile (BEAP) test or P300 Waves test, measures the fluctuations in the electrical field potentials of the brain that are caused by the activity of the neural networks. The underlying hypothesis is that whenever a person is exposed to a stimulus that they have experienced before, their brain generates a unique pattern.2 It is not expected that the person undergoing this test will provide any kind of verbal answer. This test is quite popular in India and was administered in the cases like Arushi Talwar murder case3, Hathras case4 and Nithari serial killings5. Narco-analysis is also sometimes referred to as the truth serum test. It entails the controlled intravenous administration of hypnotic truth drugs, such as sodium pentothal, scopolamine, and sodium amytal, to a suspect so as to induce a state of semi-consciousness. In this hypnotic state, the subject is more likely to disclose information that he might not reveal in 1 Wolpe PR, Foster KR, Langleben, Emerging neurotechnologies for lie-detection: promises and perils, AM J BIOETH (July 18, 2023, 7:38 PM), ubmed.ncbi.nlm.nih.gov/16036700/. 2 Dickson K, McMahon M. Will the law come running? The potential role of “brain fingerprinting” in crime investigation and adjudication in Australia, J LAW MED (July 18, 2023, 7:37 PM), https://www.scribd.com/document/477969621/Supreme-Court-judgment-on-polygraph-narco-analysis-brain-ma pping-A-boon-or-a-bane. 3 Rajesh Talwar v. CBI, (2012) 4 SCC 245. 4 Satyama Dubey v. Union of India, (2020) 10 SCC 694. 5 Surendra Koli v. State of U.P., AIR 2011 SC 970. his normal state of consciousness. This test was used in India in the cases like, Abdul Karim Telgi fake stamp paper scam, 2002 Gujarat riots case and Shraddha Walkar murder case6. Polygraph test also called lie detector test, which uses a baseline which is established by asking certain questions whose answers are already known, and any deviation from this baseline is considered as a sign of lie. Theoretically, when a person lies, they experience certain physiological changes and produces a hyper-arousal state which can be measured. The polygraph machine records the parameters like blood pressure, pulse rate, respiration, muscle movements and skin conductance. It was used on Aftab Poonawala in the Shraddha Walkar murder case. With the help of these scientific methods, it is now possible to determine if a person is deceiving. However, wherever science and law collide, some ethical and legal concerns arise. Balancing Justice and Constitutional Rights Article 20(3) of the Indian Constitution7 is a fundamental canon of common-law criminal jurisprudence, which states that “No person accused of any offence shall be compelled to be a witness against himself”. Over the years, this Article has been interpreted various times by the Supreme Court. The Apex Court in of M.P. Sharma v Satish Chandra8 had stated that “the phrase ‘to be a witness’ in this Article meant ‘to furnish evidence’ and this could be done through lips, or by production of a thing or a document, or in any other mode”. This made the stance clear regarding the Narco-analysis test which requires the subject to make oral statements ‘through his lips’. Subsequently, in State of Bombay v Kathi Kalu Oghad9, SC opined that “self-incrimination must mean conveying information based upon the personal knowledge of the person giving the information and covers only personal testimony 6 Sofi Ahsan, Explained| Shraddha Walker Case: Narco-Analysis and Legal Position, LIVE LAW ( July 18, 2023, 7:34 PM), https://www.livelaw.in/know-the-law/shraddha-walker-case-narco-test-and-legal-position-215510. 7 INDIA CONST. art. 20, cl. 3. 8 M. P. Sharma v. Satish Chandra, AIR 1954 SC 300. 9 State of Bombay v. Kathi Kalu Oghad, AIR 1961 SC 1808. which must depend upon his volition”. In its 2010 judgment of Selvi v State of Karnataka10, the question pertaining to the constitutional validity of involuntary or compulsory administration of scientific techniques, i.e. Narco-analysis, polygraph test and BEAP test were made crystal clear. The Court concluded that the results obtained through any of these impugned tests were within the ambit of ‘testimonial compulsion’ and can very well attract Article 20(3) as a hedge against harm, and when read with §161(2) of the CrPC11, it has the ability to protect ‘accused persons’, ‘suspects’ and ‘witnesses’ who are examined during an investigation. Subjecting a person against their will to any of these scientific techniques would constitute an ‘unwarranted intrusion into the personal and mental liberty’ of that individual, and ‘cruel, inhuman or degrading treatment’. Furthermore, relying on these test results runs counter to the ‘right to fair trial’. The executive power cannot hinder the constitutional rights, or any other rights of a person, and in the absence of a law, an infringement on fundamental rights must be deemed unconstitutional.12 The Legality & Admissibility of Scientific Techniques When seen through the lens of Sections 5313, 53-A14 and 5415 of the CrPC, these scientific techniques do not collapse to the confines of the provision for medical

EXPLORING THE CONTRAVERSIES SURROUNDING THE UNIFORM CIVIL CODE

thelawwaywithlawyers@gmail.com July 27, 2023 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 1 ISSUE NO:- 1 , July 27, 2023 SYEDA NADIYA THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY B.B.A.LL.B(HONS) – VTH YEAR S.NO SUB TOPIC PG.NO 1 INTRODUCTION 1 2 HISTORICAL BACKGROUND AND LEGAL FRAMEWORK 1 3 UNIFORM CIVIL CODE OF GOA 1 4 FEATURES 1 5 LEGAL PROVISIONS ON UNIFORM CIVIL CODE 2 6 OTHER CONSTITUTIONAL PROVISIONS CONCERNING RELIGIOUS FREEDOM AND SECULARISM 2 7 CHALLENGES IN IMPLEMENTING UNIFORM CIVIL CODE 3 8 RELEVANT CASE LAWS 3 9 PROS OF IMPLEMENTING A UNIFORM CIVIL CODE 4 10 CONS OF IMPLEMENTING A UNIFORM CIVIL CODE 4 11 IMPACT OF UNIFORM CIVIL CODE ON VARIOUS COMMUNITIES 4 12 CONCLUSION 5 EXPLORING THE CONTRAVERSIES SURROUNDING THE UNIFORM CIVIL CODE Introduction: The Uniform Civil Code (UCC) has been a contentious issue in Indian politics, aiming to establish a common set of civil laws that apply to all citizens regardless of their religion, gender or sexual orientation. And, it is crucial to delve into the historical context, the current legal framework and the challenges faced in implementing a UCC. This article will explore the various perspectives, examine relevant case laws and provide an objective analysis of the potential benefits and drawbacks of a Uniform Civil Code in India. Historical Background and Legal Framework: The roots of the UCC debate can be traced back to the colonial era, where personal laws were formulated for Hindus and Muslims by the British Raj. After India gained independence, the framers of the Constitution considered the implementation of a UCC but ultimately included it in the Directive Principles of State Policy (DPSP) under Article 44. While DPSP is not enforceable by any court, it highlights the State’s endeavor to secure a UCC throughout the territory of India. Currently, personal laws in India govern matters such as marriage, divorce, inheritance, adoption and maintenance for different religious communities. Article 25-28 of the Indian Constitution guarantees religious freedom, allowing religious groups to maintain their own affairs. Article 44, however, reflects the State’s intention to formulate national policies based on directive principles and common law for all Indian citizens. Uniform civil code of Goa: The only state in India has a uniform civil code in the form of common family law is Goa. The Portuguese Civil Code, which is still in use today, was first implemented in Goa in the 19th century and was left in place after the state was freed. Features: The progressive universal law of Goa allows for the equitable distribution of wealth and income between husband and wife as well as progeny (regardless of gender). Registration of every birth, marriage and death is required by There are numerous provisions for divorce. All assets and money owned or gained by each spouse during a marriage are kept jointly by the couple. Polygamy and triple talaq forbidden by Muslims who register their marriages in In the event of divorce, each spouse is entitled to half of the property and in the event of death, the surviving member’s ownership of the property is divided. Parents cannot completely disinherent their At least half of their possessions must be left to their children. This inheritance must be distributed evenly among the children. However, the code has some shortcomings and is not strictly a uniform code. For example, Hindu men have the right to bigamy under certain conditions outlined in the Gentile Hindus of Goa codes of usages and customs (if the wife fails to produce a kid by the age of 25 or if she fails to deliver a male child by the age of 30). Polygamy is illegal in other community. Legal provisions on uniform civil code: “The state shall attempt to secure the citizen a uniform civil code throughout the territory of India” is laid out under Article 44 (Part IV) of the Indian Constitution. However, according to Article 37 of the Constitution, the DPSP “shall not be enforceable by any court.” Nonetheless, they are “fundamental to the country’s governance.” This means that, while our constitution believes that a Uniform Civil Code should be adopted in some way, it does not make it mandatory. Other constitutional provisions concerning religious freedom and secularism are as follows: Article 15- Makes it unlawful to discrimination based on religion, race, caste, gender or place of birth. Article 25- Freedom of conscience and free profession, practice, and spread of religion, subject to reasonable restrictions based on public order, health, and mortality. Article 25 (2) regulates secular activities related to religious practices, social welfare, and Article 26- Provides for the formation and administration of religious Article 27- Prohibits the state from levying a tax whose earnings are used to benefit a specific religion. Article 28 – Is concerned with religious instruction in educational The phrase ‘secularism’ was inserted to the preamble in the 42nd Constitutional Amendment legislations. In the case of S.R.Bommai vs Union of India, the Supreme Court declared secularism to be a fundamental component of the constitution. Challenges in Implementing a Uniform Civil Code: Cultural and Religious Sensitivities: One of the primary challenges in implementing a UCC is the need to respect the cultural and religious sensitivities of diverse The UCC should strike a balance between promoting uniformity and preserving the unique customs and traditions of various religious groups. Constitutional Considerations: The right to freedom of religion (Article 25), cultural and educational rights (Article 29 and 30) must be carefully weighed while formulating a UCC. It should not infringe upon these fundamental rights but rather enhance and uphold them in a more equitable manner. Political Opposition: The UCC has faced opposition from various political and religious groups, which hinders its progress. Political considerations and vote bank politics often play a significant role in shaping the discourse around the UCC, making consensus- building a challenging task. Complexity in Codification: Creating a comprehensive and coherent legal framework

HOW NEWLY EMERGING TECHNOLOGIES SUCH AS ARTIFICIAL INTELLIGENCE ARE INFRINGING INTELLECTUAL PROPERTY RIGHTS

thelawwaywithlawyers@gmail.com July 20, 2023 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 1 ISSUE NO 1 , July 20 2023 HOW NEWLY EMERGING TECHNOLOGIES SUCH AS ARTIFICIAL INTELLIGENCE ARE INFRINGING INTELLECTUAL PROPERTY RIGHTS SANSKRITI TIWARI AND PRIYANSHI AGRAWAL ABSTRACT: – Artificial intelligence and intellectual property rights majorly copyright and patent being one of the debatable concerns. The IPR laws are a platform through which various inventions, secrets of various companies, thoughts, publishing, and many more get safeguarded and nobody else would utilize them for their profit and indirectly will cause damage to the person’s creation. Whereas the artificial intelligence term was coined by John McCarthy who was the winner of the Turing Prize in 1971 he defined it as “making a machine behave in ways that would be called intelligent if a human were so behaving”. The court held that innovation can be done by human beings not by artificial intelligence, whereas some experts argue that intellectual property rights need to reckon with artificial intelligence sooner than later. Today’s situation is somewhat where the need and use of artificial intelligence are growing and have exponential development. This works precisely, with the usage of logic, and reduces human intervention by benefitting with low cost or one-time investment of a scientist. Over the past century, there were lots of development where the set of algorithms are induced in computer systems with such software to ease the work faster than human beings. With the development phase in artificial intelligence society also comes with intellectual property rights getting infringed. In this whole essay, we will look forward to how the AI act to cause harm to the rights of another. INTRODUCTION: – AI can be a challenge because it can collect information on specific products and then use it in a personalized way. For example, the customer is frequently targeted when they search for things online which are not sometimes cookies but also machine learning which is AI generated, understands what they would like to buy, and what they are interested in. The facilities and easiness provided by artificial intelligence are very much known to every human being. We do have several artificial intelligences of which we are so prone to day-to- day life and how generously they became a crucial part of our life. For example Siri, Alexa, and Cortana (recognition of voice by using ML and AI to intimate human interplay), Google Maps (analyses numbers of smartphones of data points to suggest locations, to enable travel routes), UBER (ML is a way to determine arrival times, pick-up locations, and UberEATS deliveries), Facebook (ML image recognition algorithms used to automatically tag your friends in photos), Gmail (mines email text to provide automatic responses to your emails), and Spotify (recommends related songs of your choice based on the music you have liked and disliked and you searched while scrolling). Artificial intelligence is the intelligence revealed by machines, whereby the type of device or machine understands its environment and takes an action mimicking ‘cognitive’ functions that humans associate like ‘problem-solving’. DEVELOPMENT OF AI IN IPR: – Intellectual property rights were enumerated under the law to protect and enhance the creativity and inventions of several people in several sectors too. The issues between artificial intelligence and intellectual property rights were patents, trademarks, registered designs, copyright, confidentiality, trade secrets, and plant varieties. The artificial intelligence named IBM Watson is fully and carefully developed and not at all a fictional information technology to detect any type of cancer inside the human body within a span of ten minutes. There were several artificial intelligence-made things one of them was the Tesla company made an automated car where the codes and algorithms are so encrypted in car that can fully functional and abide by all the traffic rules that any normal human being follows, to follow traffic rules to make precautions of safe driving or look upon the obstruction to reduce the speed limit. Hence the time the country is moving towards is more inclined toward such development in the field of artificial intelligence. The development of artificial intelligence is commonly seen by everyone when in the year 2019 when the judge of a beauty contest was the AI where the algorithms encrypted inside it to remove the dark shade girl out of the other facial color. Yes, it sounds discriminating. But the fact is that the issue is not with the artificial intelligence, it just obeys and functions according to the algorithms set inside it. All actions performed by artificial intelligence were the algorithms encrypted that can be used to replicate activities typically that require human cognition. The advancement of artificial intelligence can be identified in any field, especially in the automobile industry. Though the demonstration of artificial intelligence in the Android phone is Google Lens, this sort of thing added lots of value and ease in performing the work easily and fast forward. The innovation of artificial intelligence to translate written text, and sound in the word text and can translate the content from any language to any preferred language of the individual. Not just ease and help in the field of data or translation artificial intelligence are so useful to detect spam emails by spam filter app identify spam email like a human being can easily identify in such circumstances where large baskets of techniques were used and are called machine learning models. CURRENT SITUATION: – Artificial intelligence is the ability of a computer program or a machine to think or learn, there is a field that makes computers work smartly. Artificial intelligence aims to work, think logically, and solve problems. Artificial intelligence is useful and being used almost in every field, it serves in the field of computer science, neuroscience, mathematics, linguistics, psychology, philosophy, and many other fields too. Currently, artificial intelligence has taken its place and spread its usage almost in every industry majorly automobile machines, processes of factories, civilization of ships, and aircraft with reducing human intervention. The cognitive self-learning

CONSUMER PROTECTION IN THE DIGITAL MARKET

thelawwaywithlawyers@gmail.com July 15, 2023 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 1 ISSUE NO – 1 , July 15,2023 NAME – RAKTIM SINGHA ROY THEME – CONTEMPORARY LEGAL ISSUES TOPIC – LEGAL ARTICLE TITLE OF THE ARTICLE – CONSUMER PROTECTION IN THE DIGITAL MARKET COLLEGE – TECHNO INDIA UNIVERSITY PROGRAMME – BA-LLB [HONS] YEAR OF STUDY – 2ND YEAR Consumer Protection in the Digital Market Introduction The advent of the digital market has completely transformed the manner in which we acquire products and services. Through a simple few clicks, individuals now have the ability to enter a worldwide marketplace, juxtapose prices, and seamlessly carry out transactions right from their own living spaces. Nevertheless, this ever-changing landscape also brings about distinctive obstacles with regards to safeguarding consumer rights. Consumer Protection in the Digital Market holds immense significance in today’s tech-centric era. With the surge of online shopping and digital transactions, it has become increasingly vital to ensure that consumers are shielded effectively against scams, deceptive advertisements, and unjust business methods. In the context of India, the Consumer Protection Act of 2019 oversees the safeguarding of consumer rights and tackles concerns connected to consumer complaints. This legislation strives to secure the well- being of consumers, foster equitable trade practices, and establish a speedy and cost-effective system for resolving consumer disputes. Enshrined within the Consumer Protection Act, individuals possess the right to seek resolution for items or services that exhibit flaws, inadequacies, or unjustness. The scope of this Act encompasses an extensive array of matters, spanning from online transactions and digital services to e-commerce platforms. It empowers consumers to voice complaints, demand compensation, and attain redressal for any harm or loss endured due to prejudiced or deceitful practices within the digital marketplace. A consumer retains the option to lodge a complaint with the appropriate Consumer Dispute Redressal Forum, contingent on the worth of the products or services in question, as well as the sought-after compensation. This legislation establishes District, State, and National Consumer Dispute Redressal Commissions, each with jurisdiction determined by the value of the involved products or services, as well as the claimed compensation. This piece aims to delve into the legal structure that encompasses consumer protection within the digital market. It will shine a light on pivotal concerns, regulatory measures, and the essential necessity for robust protective measures. In today’s rapidly changing world, the traditional ways we used to shop for things have undergone a big transformation due to the rise of the digital market. This change has given us an incredible ability to explore a huge global marketplace and make purchases that are incredibly easy, all while sitting comfortably at home. With just a few clicks, we can look at so many different products, compare their prices effortlessly, and even buy things really quickly. In this complex environment, issues like protecting our personal data, preventing scams, and ensuring the security of our transactions have become very important. E-Commerce Regulations and Consumer Rights E-commerce, short for electronic commerce, involves the exchange of goods and services over the internet or computer networks. This booming sector has completely changed how people shop and do business. Yet, it comes with its own set of distinctive issues, particularly in terms of safeguarding consumer interests. In the following part, we’ll delve into the rules and rights that oversee digital transactions in the realm of e-commerce. The rise of e-commerce has brought about a convenient and widely adopted method of engaging in business deals. Nevertheless, the swift expansion of e-commerce has made it imperative to institute rules that uphold consumer rights and guarantee ethical trade conduct within this realm of digital commerce. In the context of India, the Information Technology Act of 2000 takes charge of overseeing e-commerce operations and lays down a lawful structure for tackling matters associated with online transactions, encompassing consumer rights as well. Through this Act and its subsequent revisions, a comprehensive set of guidelines is established to foster secure electronic transactions, thwart cybercrimes, and provide protection for consumer interests. Applicable Laws and Jurisdiction: Within India, the regulation of e-commerce transactions is chiefly guided by the Information Technology Act, 2000 (IT Act) along with its later revisions, with its subsequent amendments, governs electronic transactions, including those in the digital market. It provides legal framework for electronic commerce, data protection, and cybercrimes. In case of any dispute regarding online transactions or violations of consumer rights in the digital market, the provisions of this Act may be invoked. This legal framework offers guidelines on electronic records, digital signatures, and electronic Furthermore, safeguarding consumers in the digital market falls under the jurisdiction of the Consumer Protection Act, 2019 (CPA). Consumer Rights in the Digital Market: Consumer protection laws aim to safeguard the interests and rights of consumers in e-commerce These rights include- Right to Information, Right to Choose, Right to Safety, Right to Be Heard. Every consumer holds the entitlement to receive precise and comprehensive information regarding the items or services they plan to buy. This encompasses crucial particulars like the price, specifications, usage conditions, delivery alternatives, as well as any additional costs or fees linked to the purchase. Online Fraud and Scams: As the internet and e-commerce continue to gain widespread traction, the rise of online fraud and scams has become a pressing global issue. Culprits take advantage of the internet’s anonymity and its worldwide accessibility to trick both individuals and businesses. In the upcoming part, we’ll delve into the hurdles presented by online fraud and scams, and we’ll also explore the legal steps that have been taken to counteract these activities. In case anyone becomes a victim of online fraud or scam, it’s advisable to report the incident to any local law enforcement authorities and relevant consumer protection agencies. Prompt reporting can help prevent further harm and aid in the investigation and prosecution of the scammers. Challenges Faced by Consumers: Discuss common types of online scams, such as phishing scams, identity theft and bogus Analysed all challenges consumers face in reporting such fraudulent activities. Buyers frequently

SEXTORTION – A TRAP OF MONEY

thelawwaywithlawyers@gmail.com July 1, 2023 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 1 ISSUE NO:- 1 , July 1, 2023 SEXTORTION – A TRAP OF MONEY Abhishek Ray INTRODUCTION These days, the internet is a vital part of our daily lives. Our lives are made easier by the Internet. The internet is used for both good and harmful purposes, and some people make money online by working online. However, some people use the internet to commit fraud in an effort to make money; they do some illegal work like they show some nudes and then they record the expression of the viewers after that they ask for money to delete the recorded video and in the alternative, they threaten people into uploading the video or sharing it with their family members; they prey on both men and women. And as soon as you give them money, they constantly ask for more. Numerous people contributed funds to deal with the situation, however only a very small percentage of people reported the case to the police station. WHAT IS SEXTORTION? Sextortion refers to both the wide category of sexual exploitation in which the use of coercion through the abuse of power and the category of sexual exploitation in which the use of coercion through the threat of disclosing sexual photographs or information. Many people are afraid that. what will happen when he leaked that video or photo? What do people think about me? How do I face my society? That’s why people do everything. What are their demands for deleting or for settling the matter? Very few people went to the police station or complained about cyber security. WHO ARE THE VICTIMS & HOW THEY GET TRAPPED IN SEXTORTION? Victims of extortions are anyone male or female of any age group people, any person who are using the internet are becoming victims of this scheme – people using the internet for many. purposes in their daily life, like for education, job purpose, entertaining and many more, our data is coming in many hands like when we open any unknown link website they have access in our phone, or they got our all personal details, even they have skills to hack your phone. After that victims get a video call in which the person shows you some nudity. After that they record your video and your reaction and then they blackmail people for money to delete that video. It is a step wise process to trap people and victims who gave money or do what they want to protect their respect in the society. HOW TO COME OUT OF A SEXTORTION TRAP? India is a country where people died for their respect, respect of a person is more valuable than anything so people do anything for their respect. When any person is trapped in sextortion then he will readily do anything to Come out of it, because he is afraid for their respect in their society, incase when you are trapped in Sextortion following some steps to come out of it. Register your complain to the cyber security Block that number and don’t respond on that Don’t open an unknown Change your password twice in Follow government cyber security LAW RELATED TO SEXTORTION There is presently no law in India that particularly addresses the crime of sextortion. Extortion, on the other hand, is defined as “Anyone willfully places any person in Extortion is the unlawful act of compelling a person to transfer to another person any property, a valuable security, or anything signed or sealed that could be transformed into a valuable security out of dishonest fear of harm to that person or to any other person. Sextortion crimes can affect people of either gender in society. Moreover, the National Crime Records Bureau reports that in 2016, there were 686 and 569 occurrences of cybercrime involving sexual exploitation and insulting a woman’s modesty, respectively. Even though 829 individuals’ Sextortion complaints have dramatically increased at the National Commission for Women (NCW), more than doubling during the most recent COVID lockdown compared to the levels registered in February and March. The following laws govern sexual abuse in India: The Protection of Women from Domestic Violence Act, 2005, this law was enacted to provide recourse to women suffering from domestic abuse; The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, this act provides protection to woman against sexual harassment at workplace. Section 354 (A to D) of the Indian Penal Code 1860, lays down punishments for types of sexual offenses. Section 376(2) talks about rape due to abuse of authority in specific situations Section 108(1)(i)(a) of the Criminal Procedure Code, 1973 has been amended to give the victim the power to contact the magistrate and file a complaint directly to the magistrate about the circulation of obscene material. The Protection of Children from Sexual Offences Act, 2012, is aimed to tackle issues of sexual exploitation of children. Information Technology Act, 2000 also covers certain sexual offenses dealing with cybercrime. CONCLUSION In our society, sextortion is growing like a disease in various ways while taking advantage of the weaknesses of defenseless people. Sadly, there is no definition of it in any law or statute in India, which makes it difficult to punish offenders fairly. Another important element in eliminating sextortion is educating the public about the crime. …