The case of Dowrycalculator.com: In 2018, Tanul Thakur, the creator of the website dowrycalculator.com, found out that his website had been blocked.20 Dowrycalculator.com was set up to satirise the regressive custom of dowry.21 Nevertheless, the government had blocked the website, without giving Thakur, who was the originator within the meaning of the blocking rules, an opportunity of hearing. [...] In addition, through the different opinions in the case, the judgement converged on the principle of informed consent, as the backbone of informational privacy.53 In particular, the court held that: “The State must ensure that information is not used without the consent of users and that it is used for the purpose and to the extent it was disclosed.”54 b) Decisional autonomy: The court also emphas. [...] LEGAL ADVOCACY MANUAL 26 The Information Technology Act and Rules While the ambit of the Telegraph Act presumably extends to interception of calls and messages, the current Indian legal framework also empowers the government to order for the interception of electronic communications via section 69 of the IT Act, and the allied rules. [...] Two, the Act also mentions the concept of ‘records of measurements’, which includes the records and documentation of the measurements compiled subsequent to the taking of the measurement itself. [...] 3) In the event of a direction being issued and the accused not furnishing the password, passcode or Biometrics, what is the recourse available to an Investigating Officer? The Court in Response said - In the event of the accused not providing the password, passcode or Biometrics, the Investigating Officer can approach the Court seeking necessary directions to the accused to provide the same and/o.
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- 64
- Published in
- India
Table of Contents
- Content Takedown 4
- Background 6
- Avneesh Bajaj v State 7
- Shreya Singhal v Union of India 8
- Challenges to blocking Free Software applications - Briar and Element 10
- Current law and jurisprudence 11
- Generative AI advisories 18
- Conclusion 19
- Surveillance 20
- The Indian Telegraph Act 22
- PUCL v Union of India 22
- The Information Technology Act and Rules 26
- Code of Criminal Procedure 1973 29
- New Criminal Laws 29
- The Criminal Procedure Identification Act 2022 29
- Conclusion 31
- Device Seizures 34
- Background 34
- New Criminal Laws 36
- Precedent case law and current position 37
- M.P Sharma v. Satish Chandra 38
- State of Bombay v. Kathi Kalu Oghad 39
- Selvi v. State of Karnataka 40
- Ritesh Sinha v. State of UP 41
- Virendra Khanna v. State of Karnataka and Anr 41
- P. Gopalakrishnan alias Dileep v State of Kerala 44
- CBI V. Mahesh Sharma and others 45
- Vijay Madanlal Choudhary v. Union of India 45
- Ram Ramaswamy and Ors. v. Union of India and Ors 46
- Safeguards per the existing laws 47
- Conclusion 49
- Internet Shutdowns 50
- Background 50
- Section 144 CrPC 51
- Freedom of expression and internet shutdowns 53
- Judicial cases 53
- Gaurav Vyas v. State of Gujarat 53
- Paojel Chaoba v. State of Manipur 55
- Banashree Gogoi v. Union of India 55
- Anuradha Bhasin v. Union of India 56
- Foundation for Media Professionals v. Union Territory of JK 58
- Ashlesh Biradar v State of West Bengal 59
- Software Freedom Law Center India V. State of Jharkhand 60
- Aribam Dhananjoy Sharma Paojel Chaoba 2 Ors V. State of Manipur 60
- Conclusion 60
- Annexure 1 62
