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Karnataka Draft Bill : BAN on online gambling? | LawWiser Shorts

The Karnataka government has decided to impose a ban on online gambling or betting. However, lottery and horse racing have not been prohibited. These amendments will be made to the Karnataka Police Act, 1963.

The draft of the Karnataka Police (Amendment) Bill, 2021, is yet to be available publicly. #Watchnow #LawWiserShorts on Karnataka Draft Bill: Online Gaming by Srinivas Kotni, Founder and Managing Partner, Lexport. He shares his views on the Karnataka government’s proposal to ban online gambling by amending the Karnataka Police Act.

The state government has also announced imposing penalties and arrests in cases of violation of these proposed rules. It is expected that there would be a balance in the distinction between the game of skill and the game of chance. As many start-ups are venturing into online games of skill and are also seeking investments for the same. A blanket ban would impact this sector hugely in terms of investment and employment as well.

However, various courts have repeatedly held that games of skill would not be covered under gambling and they cannot be outright prohibited. The sector is seeking proper regulation of online gaming including online gambling. Once the draft bill is made public more information on the provisions would clarify any doubts.

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Laws Concerning Spyware in India (Pegasus Spyware Case)

Recently, there were reports published by the Washington Post and The Guardian highlighting the use of Pegasus spyware in 10 countries including India. These reports have highlighted the issue of spyware laws and user privacy concerns.

What is Pegasus? Spyware that infects devices and spies on the victim by transferring data to a master server in an unauthorized manner. It is developed, marketed, and licensed to foreign governments around the world by NSO Group, an Israeli company. This is the second time that the Pegasus incident has been reported in India and it also creates the need for more stringent laws for spyware control in the country.

In this video, watch Avani Shukla of LawWiser quickly explaining details about the Pegasus spyware issue and the different laws concerning spyware in India. She also shares WhatsApp’s legal battle against the Pegasus. Get to know all about the spyware laws in India and what lies ahead of it. #Watchnow!

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QuickBytes – Section 69 A of the IT Act (Information Technology Act), 2000

Section 69 A of the Information and Technology Act, 2000 empowers the Central Government to issue directions to block public access to any information through any computer source. When the Central Government or any officer specially authorized by it is satisfied that it is necessary in the interest of the sovereignty and integrity of India, it may issue an order to block public access to such information.

Tune into this video where LawWiser takes you through Section 69 A of the Information Technology Act, 2000. We will also note the powers of the Central Government under Section 69 A, some instances related to it in India, and debates surrounding the topic.

 

SECTION 69(A) OF THE IT ACT, 2000

 

As technology is rapidly developing, specific rules and regulations are needed to watch crimes emerging from such technology.

One such act is known as ‘Information and Technology Act, 2000″.

Let us first know about the act in brief.

What is IT Act, 2000?

The IT Act, 2000 specifies crucial rules and regulations, which prominently allow the framework to govern the acts about electronic governance, such as electronic records and digital signatures.

Moreover, it also throws light on cybercrimes and crimes being overall related to the internet world. The act provides specific penalties for such crimes.

IT Act, 2000 covers all the crimes related to computers and devices relating to India, even if it pertains outside India.

Section 69 (A) of the IT Act 2000

Every other section in the act is crucial, but Section 69 (A) of the IT Act, 2000 is vital to discuss because of the incidents that have taken place.

Sec 69 (A) of the IT Act, 2000 prescribes the restriction on some public information.

Only some information is decided to be kept confidential, which the government decided depending on the sensitivity of such information.

Thus, in some cases, the government can restrict access to such information under the Sec 69 (A) of the IT Act, 2000.

Power of Central Government and Agencies in Sec 69 A

Section 69 A of the IT Act, 2000 empowers the Central Government to issue directions to block public access to any information through any computer source.

When the Central Government or any officer specially authorized by it is satisfied that it is necessary in the interest of the sovereignty and integrity of India, it may issue an order to block public access to such information.

Sec 69 A of the IT Act, 2000 also gives power to Central Government to remove the objectionable content from social media. On 20 December 2018, Central Government ordered the agencies to monitor such content.

Some of those agencies were CBI, NIA, RAW etc.

Instances related to Sec 69 A in India

Recently, there was debate regarding the blocking of apps like Instagram, Facebook, Whatsapp etc. Central Government ordered that the social media apps having more than 5 million followers should adopt a 3 tier due diligence system for monitoring the content.

Hence, the debate revolved around the ‘Privacy Concerns” and “Freedom of Speech” of people being so far related to such social media apps.

In the recent case of ANURADHA BHASIN V. UNION OF INDIA, it was stated by the Supreme Court that if the freedom of speech of any person is infringed, then such person could challenge it in the court.

Recent debate surrounding the topic and conclusion

  1. The very first instance that took place was in 2020 when the govt. Blocked 59 Chinese apps due to the security and sovereignty of the state.
  2. The Second instance related to Sec 69 A of the IT Act, 2000, was when the Jio users were unable to access websites like Telegram and were further issued notices from the Department of Communication.

Way Ahead

The debate concerning Sec 69 A of the IT Act, 2000 will not end anytime soon since it involves ‘Privacy’ and ‘Freedom of Speech’. Thus, it is crucial to keep an eye on the amendments and rules in the IT Act, 2000.

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Who are Intermediaries (Analysis of Section 79, IT Act) – U-Special

Excited to announce the first video series under #LawWiser U-Special, our academic collaboration vertical.

Students of Jamia Law Fac will be explaining a diverse range of legal topics in a simple way.

#Watchnow as Aayushi Bana breaks down everything that has happened so far with respect to the 2021 Intermediary Rules.

She focuses upon the safe harbour provision of the IT act and the effect of it on the subordinate legislation. It all makes for an insightful explanation!

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In A Minute – WhatsApp Challenge to New Intermediaries Rule 2021

There is lot of buzz around #WhatsApp challenge before Delhi High Court against certain rules of The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Watch now and understand it all in the #LawWiser IN A MINUTE powered by Phoenix Legal with their Partner Pranav Srivastava. He shares quick highlights of the case basis which the challenge to the new rules has been made.

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Charting the way for Intermediaries and Digital Content rules

Here’s an interesting conversation between Vinod and Suchita who are both Partners at Argus Partners.

They touch upon what the new Rules for regulation of intermediaries and digital content are.

They give us a very detailed take on what the differences are between these Rules and the previously notified 2011 Rules.

Everything from Due Diligence to redressal mechanisms as well as significant social media intermediaries has been covered in this video by LawWiser and Argus partners

We recommend watching for a holistic and balanced understanding of the 2021 rules!

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Cybercrime in Domestic Laws – Quick bytes

Did you know that #Cybercrime is not defined anywhere in the domestic laws?

In this episode, featuring Anshul Bazari of LawWiser, we talk about Cybercrime in India. We cover topics such as the general perspective, types of cybercrimes as well as how to report cybercrime.

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Exploring Personal Data Protection- In Conversation

With time we are only going to get more and more reliant on technology for most of the services. That means there will be an increase in the sharing of our personal data with more service providers or platforms.

We only hear that personal data should be shared securely and we have the right to know how it will be utilised. But how many times have we taken care to read the privacy and personal data usage policy?

LawWiser #InConversation with Rajendra Misra, General Counsel, IHCL, discusses what are the key principles and rights concerning personal data protection.

In this video our expert answers –

1.) What are the key principles that apply to the processing of Personal Data protection?

2.) What the key rights individuals have concerning the processing of their Personal Data?

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Quick Guide on UPI Framework and Data Privacy

UPI or the Unified Payments Interface has more than 100 Mn active users in India.

As the popularity of UPI has skyrocketed in the past couple of years, LawWiser had a conversation with Atul Juvle, General Counsel, Compliance Officer, and Company Secretary, Schindler India Pvt Ltd, to understand the UPI framework and discuss implications of data privacy.

In this video we explore,

What is UPI?

What is the regulatory framework to control & monitor UPI?

What are the implications of data privacy in the UPI system?

and provide, Suggestions to UPI users.

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