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All Journal Brawijaya Law Journal : Journal of Legal Studies
Walia, Ivneet Kaur
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Law, Crime, Criminology & Criminal Justice

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Need for Revamping Information Technology Laws in India Walia, Ivneet Kaur; Kumar, Dinesh
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.03

Abstract

Homo Sapiens have a distinct characteristic of being superior to other creatures. They owe this superiority not only because they have the power to reason and rationalize but also because they have a tendency to organize themselves as a congregation, which can work in a group at a large scale. The human instinct to improvise on its own inventions, have today resulted in mutation of a world from the stage of abacus to the era of Robotics. For the sake of avoiding chaos and maintaining the sovereignty, every nation strives to eradicate the fear of dominance by the selected elite and hence the need of regulations and the law. The aim of the paper is to highlight the grey areas and limitations existent in Information Technology Laws and focusing on the emerging domains of cyberspace. Its also aims to draw the attention by the policymakers and the legislators to understand the need for amending the Information Technology Act, 2000 for including legal provisions related to emerging issues in cyber space. The analytical research method is used to collect the data based on a systematic review of the existing sources of information and involved qualitative research to analyze the information. The conclusion and suggestions of this paper will definitely be helpful in either drafting or amending a comprehensive law relating to IT keeping in view the evolving technologies and their applications.
Need for Revamping Information Technology Laws in India Walia, Ivneet Kaur; Kumar, Dinesh
Brawijaya Law Journal Vol. 8 No. 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.03

Abstract

Homo Sapiens have a distinct characteristic of being superior to other creatures. They owe this superiority not only because they have the power to reason and rationalize but also because they have a tendency to organize themselves as a congregation, which can work in a group at a large scale. The human instinct to improvise on its own inventions, have today resulted in mutation of a world from the stage of abacus to the era of Robotics. For the sake of avoiding chaos and maintaining the sovereignty, every nation strives to eradicate the fear of dominance by the selected elite and hence the need of regulations and the law. The aim of the paper is to highlight the grey areas and limitations existent in Information Technology Laws and focusing on the emerging domains of cyberspace. Its also aims to draw the attention by the policymakers and the legislators to understand the need for amending the Information Technology Act, 2000 for including legal provisions related to emerging issues in cyber space. The analytical research method is used to collect the data based on a systematic review of the existing sources of information and involved qualitative research to analyze the information. The conclusion and suggestions of this paper will definitely be helpful in either drafting or amending a comprehensive law relating to IT keeping in view the evolving technologies and their applications.
Cyber Surveillance and Privacy Issues vis-à-vis International Law Walia, Ivneet Kaur
Brawijaya Law Journal Vol. 10 No. 2 (2023): Current Challenges, Developments and Events in The International Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2023.010.02.05

Abstract

The ‘Big Brother is Watching’, is now a trend that is prevalent in the society where the unregulated and unfiltered monitoring of data and interception has led to interference with the privacy rights of the individuals. The background to the concept may not be expressly seen in text but the context of privacy be protected can be seen in legal instruments such as United Nations Declaration on Human Rights, International Covenant on Civil and Political Rights. Though, the legal jurisprudence has also taken sides for placing community interest over individual interest but has often been deficient in providing objective reasonings and justifications. When the privacy and the human rights are interfered with, no one but the State should own the responsibility. The contours of this responsibility have been circumscribed by the existing international legal instruments, but their effectiveness is compromised because of their non-binding characteristics. The paper outlines the importance of regulating mass surveillance, secret surveillance, cyber espionage, cyber attacks etc. and has facilitated a discussion of establishing a pattern of standardized norms in line with human rights obligations catalyzed by cyber diplomacy, which can easily be adopted by States. The paper is Analytical and descriptive in nature. The question will always be debatable when it comes to States exercising their right of surveillance for maintaining law and order and upholding the security of the nation being violative of individual rights. So, whether the States are able to strike a balance between State authority and Fundamental rights of the individuals? Whether the proportionality that is exhibited is justifiable? The uncontrollable parasitic attack on digital communications, without reasonable suspicion is excessive, arbitrary and abusive. There is a need not only for a structured legal framework but also procedural safeguards, oversight mechanisms and redressal forums.
Co-Authors Dinesh Kumar