Pub Date : 2022-02-05DOI: 10.1080/13600869.2022.2030038
N. Annappa
ABSTRACT Safeguarding national security requires ensuring cyber security of a nation. While India has a wider law framework to ensure national security as against wrongs committed in real world, it is yet to match this framework to suit to the regulatory framework essential to address concerns raised due to the abuse of cyber technology. Though Indian laws including substantive legal provisions empowers the State to regulate acts affecting national as well as cyber security, its procedural rules suffers from being outdated and thereby irrelevant in addressing the concerns specific to cyber space. Ensuring national security requires access to data, both personal as well as non-personal data. While recent legal developments have been focusing on extending wider protection to privacy including data privacy, the State agencies strive to access data, which at times are crucial to the enforcement of laws in general and to ensure national security in specific. Jurisdictional issues further complicates the matter. As a result, the law enforcement agencies expect proactive coordination from internet intermediary in facilitating access to data, e-surveillance, decryption, internet traffic data monitoring, etc. Intermediaries on the other hand are also legally mandated to ensure data privacy, freedom of speech and other rights of internet users. This often has led to the conflicting concerns requiring new legal response. This paper will overview the existing laws as well as assess the changes Indian law is currently undergoing in these regard.
{"title":"The State’s access to data and internet intermediary response – an assessment of India’s attempt to reallocate the legal framework to ensure national security","authors":"N. Annappa","doi":"10.1080/13600869.2022.2030038","DOIUrl":"https://doi.org/10.1080/13600869.2022.2030038","url":null,"abstract":"ABSTRACT Safeguarding national security requires ensuring cyber security of a nation. While India has a wider law framework to ensure national security as against wrongs committed in real world, it is yet to match this framework to suit to the regulatory framework essential to address concerns raised due to the abuse of cyber technology. Though Indian laws including substantive legal provisions empowers the State to regulate acts affecting national as well as cyber security, its procedural rules suffers from being outdated and thereby irrelevant in addressing the concerns specific to cyber space. Ensuring national security requires access to data, both personal as well as non-personal data. While recent legal developments have been focusing on extending wider protection to privacy including data privacy, the State agencies strive to access data, which at times are crucial to the enforcement of laws in general and to ensure national security in specific. Jurisdictional issues further complicates the matter. As a result, the law enforcement agencies expect proactive coordination from internet intermediary in facilitating access to data, e-surveillance, decryption, internet traffic data monitoring, etc. Intermediaries on the other hand are also legally mandated to ensure data privacy, freedom of speech and other rights of internet users. This often has led to the conflicting concerns requiring new legal response. This paper will overview the existing laws as well as assess the changes Indian law is currently undergoing in these regard.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"55 1","pages":"404 - 430"},"PeriodicalIF":0.0,"publicationDate":"2022-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83764467","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-27DOI: 10.1080/13600869.2022.2030026
Shubhalakshmi Bhattacharya, Ganesh BhaskarLata
ABSTRACT This study studies the effect and the content of competition law engaged in the app-based ride- sharing industry. This has been done primarily with the help of critically analysing case law across three jurisdictions adjudicated by competition regulatory authorities with respect to the ride sharing industry. The three jurisdictions chosen for the study are India, Singapore, and the European Union in order to analyze a variety of the perspectives of the competition regulatory authorities. The primary objective of the study is to understand the meaning of the term market definition and how competition regulatory authorities have delineated the relevant market with respect to this industry since it is a part of the digital economy and is relatively new. Through this study, hurdles to delineating a relevant market were analyzed through the case law as well as understanding why a common market definition has not been framed across jurisdictions as well as within the same jurisdiction, as seen in the case of India.
{"title":"A comparative perspective of Competition Law cases in the ride-sharing industry: reflections from Singapore, EU, and India","authors":"Shubhalakshmi Bhattacharya, Ganesh BhaskarLata","doi":"10.1080/13600869.2022.2030026","DOIUrl":"https://doi.org/10.1080/13600869.2022.2030026","url":null,"abstract":"ABSTRACT This study studies the effect and the content of competition law engaged in the app-based ride- sharing industry. This has been done primarily with the help of critically analysing case law across three jurisdictions adjudicated by competition regulatory authorities with respect to the ride sharing industry. The three jurisdictions chosen for the study are India, Singapore, and the European Union in order to analyze a variety of the perspectives of the competition regulatory authorities. The primary objective of the study is to understand the meaning of the term market definition and how competition regulatory authorities have delineated the relevant market with respect to this industry since it is a part of the digital economy and is relatively new. Through this study, hurdles to delineating a relevant market were analyzed through the case law as well as understanding why a common market definition has not been framed across jurisdictions as well as within the same jurisdiction, as seen in the case of India.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"02 1","pages":"352 - 367"},"PeriodicalIF":0.0,"publicationDate":"2022-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88841648","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/13600869.2022.2030025
B. Faturoti
The African continent has experienced virtually uninterrupted growth since the mid-1990s. Besides the abundance of natural resources, IP and technology have played a significant role in Africa’s ongoing economic growth and development. This first issue of Special Edition of International Review of Law, Computers & Technology Journal on Africa explores the intersection of IP and technology in the areas of tax, education, agriculture, among others. The edition opens with Afolashade Adewunmi’s paper, which evaluates how intangible cultural heritage could be protected in the face of rapid technological development. For a continent that survived colonialism and suffered an erosion of its heritage in the process, Adewunmi is concerned that this may be exacerbated by technological advancement. She notes how existing IPs like copyright are inadequate to protect intangible cultural heritage. Although with some challenges, the Convention for the Safeguarding of the Intangible Cultural Heritage provides some solace and nudges some countries to establish appropriate laws. The work summarises the landscape of protection in Africa and provides a case study on traditional craftmanship from Nigeria. Rather than being regarded as a threat, the author concludes that technology should be utilised to document and preserve cultural heritage. Ibijoke Byron, in the following article, tackles a related but different issue on heritage, the protection of traditional knowledge. The paper investigates the preservation of traditional knowledge under a sui generis regime in Nigeria. Her discussion of protection of TK under customary law, international law, such as (Convention on Biodiversity and Nagoya Protocol and Johannesburg Plan of Implementation) is illuminating. This illustration underscores that traditional knowledge ‘is vital for life in a natural environment as it can be of benefit to health, food security and agriculture’. However, it is faced with threats from intellectual property regimes and economic globalisation processes. It decries the legislative gap in Nigeria and recommends the implementation of a sui generis regime that will take cognisance of international initiatives on the protection of TK. Our next paper, ‘the Digital Tax Reform for Africa: Customised or One-Size-Fits-All Approach?’ aims to formulate high level-level international tax policy suitable for the peculiarities of the African continent. Nikolai Milogolov and Azamat Berberov underscore the evolving nature and the role of digitalisation in African economies and why the continent must participate in debates on shaping future tax reform policies. Africa faces higher fiscal risks from the potential inability to tax income obtained by foreign digital businesses but do not have a physical presence on the continent. In making its argumentations, the work adopts analytical, case study and economic approaches to address the continent’s current challenges. African countries’ diverse economic developme
{"title":"IP and technology in Africa: looking back to look forward","authors":"B. Faturoti","doi":"10.1080/13600869.2022.2030025","DOIUrl":"https://doi.org/10.1080/13600869.2022.2030025","url":null,"abstract":"The African continent has experienced virtually uninterrupted growth since the mid-1990s. Besides the abundance of natural resources, IP and technology have played a significant role in Africa’s ongoing economic growth and development. This first issue of Special Edition of International Review of Law, Computers & Technology Journal on Africa explores the intersection of IP and technology in the areas of tax, education, agriculture, among others. The edition opens with Afolashade Adewunmi’s paper, which evaluates how intangible cultural heritage could be protected in the face of rapid technological development. For a continent that survived colonialism and suffered an erosion of its heritage in the process, Adewunmi is concerned that this may be exacerbated by technological advancement. She notes how existing IPs like copyright are inadequate to protect intangible cultural heritage. Although with some challenges, the Convention for the Safeguarding of the Intangible Cultural Heritage provides some solace and nudges some countries to establish appropriate laws. The work summarises the landscape of protection in Africa and provides a case study on traditional craftmanship from Nigeria. Rather than being regarded as a threat, the author concludes that technology should be utilised to document and preserve cultural heritage. Ibijoke Byron, in the following article, tackles a related but different issue on heritage, the protection of traditional knowledge. The paper investigates the preservation of traditional knowledge under a sui generis regime in Nigeria. Her discussion of protection of TK under customary law, international law, such as (Convention on Biodiversity and Nagoya Protocol and Johannesburg Plan of Implementation) is illuminating. This illustration underscores that traditional knowledge ‘is vital for life in a natural environment as it can be of benefit to health, food security and agriculture’. However, it is faced with threats from intellectual property regimes and economic globalisation processes. It decries the legislative gap in Nigeria and recommends the implementation of a sui generis regime that will take cognisance of international initiatives on the protection of TK. Our next paper, ‘the Digital Tax Reform for Africa: Customised or One-Size-Fits-All Approach?’ aims to formulate high level-level international tax policy suitable for the peculiarities of the African continent. Nikolai Milogolov and Azamat Berberov underscore the evolving nature and the role of digitalisation in African economies and why the continent must participate in debates on shaping future tax reform policies. Africa faces higher fiscal risks from the potential inability to tax income obtained by foreign digital businesses but do not have a physical presence on the continent. In making its argumentations, the work adopts analytical, case study and economic approaches to address the continent’s current challenges. African countries’ diverse economic developme","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"94 1","pages":"1 - 2"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74967154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/13600869.2022.2030027
B. Faturoti
ABSTRACT Teaching and learning were disrupted due to lockdown imposed as part of efforts to curb the spread of the COVID19 virus that hit the world in 2020. As a result, many national governments requested educational establishments to migrate their teachings online. In Africa, internet penetration has improved in the last decade. However, the continent still lags in integrating the Internet into learning. Besides, there is unequal access to technologies used in online education and unequal access to data and connectivity. Regarding access to quality learning, the COVID-19 pandemic has widened the gap between the rich and the poor and has exposed society's fragility. This paper evaluates the strategies of African leaders in sustaining access to learning and the experience of learners during COVID19 lockdown. It argues that most African countries’ educational systems are unprepared for the sudden switch to online learning. Finally, it investigates future policy strategies in bringing more Africans out of the digital desert.
{"title":"Online learning during COVID19 and beyond: a human right based approach to internet access in Africa","authors":"B. Faturoti","doi":"10.1080/13600869.2022.2030027","DOIUrl":"https://doi.org/10.1080/13600869.2022.2030027","url":null,"abstract":"ABSTRACT Teaching and learning were disrupted due to lockdown imposed as part of efforts to curb the spread of the COVID19 virus that hit the world in 2020. As a result, many national governments requested educational establishments to migrate their teachings online. In Africa, internet penetration has improved in the last decade. However, the continent still lags in integrating the Internet into learning. Besides, there is unequal access to technologies used in online education and unequal access to data and connectivity. Regarding access to quality learning, the COVID-19 pandemic has widened the gap between the rich and the poor and has exposed society's fragility. This paper evaluates the strategies of African leaders in sustaining access to learning and the experience of learners during COVID19 lockdown. It argues that most African countries’ educational systems are unprepared for the sudden switch to online learning. Finally, it investigates future policy strategies in bringing more Africans out of the digital desert.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"56 1","pages":"68 - 90"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91228321","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/13600869.2021.1997082
Helen Chuma-Okoro, I. Oluwasemilore
ABSTRACT This article focuses on the imperatives of self-sufficiency in food production in Nigeria from the experience of the COVID 19 pandemic, and examines the role of intellectual property rights (IPRS) in boosting productive capacity. While the different types of IPR protection standards remain relevant to the overall goal of food self-sufficiency in respect of the different activities and outputs along the food value chain, the main emphasis of the article is on patent and plant varieties protection (PVP) in connection with agricultural biotechnology. The article is library-based and explains the meaning and import of food self-sufficiency, the factors responsible for the weak capacity for food self-sufficiency in Nigeria in particular, and other African countries vis-à-vis potentially enabling factors. It also examines the strength and weaknesses of the current IP laws in Nigeria, and how Nigeria could repurpose or improve her laws to achieve the objective of food self-sufficiency. The article found that IPRs are relevant in boosting greater efficiency and productivity of Nigerian agriculture to strengthen food self-sufficiency, but the current IPR framework are not designed to circumvent the perils and leverage the benefits of IPRs that would help unlock the potential of the sector for food self-sufficiency.
{"title":"Intellectual property rights, agricultural biotechnology and food sufficiency: strengthening the Nigerian intellectual property legal framework for food self-sufficiency in the aftermath of a global pandemic","authors":"Helen Chuma-Okoro, I. Oluwasemilore","doi":"10.1080/13600869.2021.1997082","DOIUrl":"https://doi.org/10.1080/13600869.2021.1997082","url":null,"abstract":"ABSTRACT This article focuses on the imperatives of self-sufficiency in food production in Nigeria from the experience of the COVID 19 pandemic, and examines the role of intellectual property rights (IPRS) in boosting productive capacity. While the different types of IPR protection standards remain relevant to the overall goal of food self-sufficiency in respect of the different activities and outputs along the food value chain, the main emphasis of the article is on patent and plant varieties protection (PVP) in connection with agricultural biotechnology. The article is library-based and explains the meaning and import of food self-sufficiency, the factors responsible for the weak capacity for food self-sufficiency in Nigeria in particular, and other African countries vis-à-vis potentially enabling factors. It also examines the strength and weaknesses of the current IP laws in Nigeria, and how Nigeria could repurpose or improve her laws to achieve the objective of food self-sufficiency. The article found that IPRs are relevant in boosting greater efficiency and productivity of Nigerian agriculture to strengthen food self-sufficiency, but the current IPR framework are not designed to circumvent the perils and leverage the benefits of IPRs that would help unlock the potential of the sector for food self-sufficiency.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"8 1","pages":"48 - 67"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80239914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-02DOI: 10.1080/13600869.2021.2004759
Maja Nišević, Chiara Zamboni, B. Kovačević
ABSTRACT Digitalisation creates a new environment in which the development of advanced technology is becoming a reality. In that sense, a system of recording information that makes it difficult or impossible to change, hack or cheat is commonly known under blockchain technology. Recently, there has been much hype around blockchain technology since it became helpful for creating digital money, widely called cryptocurrencies. This article stresses the importance of blockchain technology concerning cryptocurrencies, including its impact on Bosnia and Herzegovina. Finally, this article aims to offer potential solutions that might help regulate the cryptocurrencies concerning entity level in Bosnia and Herzegovina.
{"title":"Cryptocurrencies: highlighting the perspective of Bosnia and Herzegovina","authors":"Maja Nišević, Chiara Zamboni, B. Kovačević","doi":"10.1080/13600869.2021.2004759","DOIUrl":"https://doi.org/10.1080/13600869.2021.2004759","url":null,"abstract":"ABSTRACT Digitalisation creates a new environment in which the development of advanced technology is becoming a reality. In that sense, a system of recording information that makes it difficult or impossible to change, hack or cheat is commonly known under blockchain technology. Recently, there has been much hype around blockchain technology since it became helpful for creating digital money, widely called cryptocurrencies. This article stresses the importance of blockchain technology concerning cryptocurrencies, including its impact on Bosnia and Herzegovina. Finally, this article aims to offer potential solutions that might help regulate the cryptocurrencies concerning entity level in Bosnia and Herzegovina.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"3 1","pages":"286 - 305"},"PeriodicalIF":0.0,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84272406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-25DOI: 10.1080/13600869.2021.2004760
David López Jiménez, Eduardo Carlos Dittmar, Jenny Patricia Vargas Portillo
ABSTRACT Transactions carried out electronically are experiencing significant growth. However, in practice, certain differences may arise between parties to a transaction. To prove the existence of a transaction, as well as the specific circumstances in which it occurred, the concept of the digital notary or trusted third party was developed. Although this concept is intended to demonstrate the existence of certain elements, as we shall see, it is different from the notary in Latin systems. In the following article, we will refer to companies – both public and private – that have implemented this service. To provide it in a timely manner, they have to use certain security techniques, which we will analyse below.
{"title":"The trusted third party or digital notary in Spain: effect on virtual transactions","authors":"David López Jiménez, Eduardo Carlos Dittmar, Jenny Patricia Vargas Portillo","doi":"10.1080/13600869.2021.2004760","DOIUrl":"https://doi.org/10.1080/13600869.2021.2004760","url":null,"abstract":"ABSTRACT Transactions carried out electronically are experiencing significant growth. However, in practice, certain differences may arise between parties to a transaction. To prove the existence of a transaction, as well as the specific circumstances in which it occurred, the concept of the digital notary or trusted third party was developed. Although this concept is intended to demonstrate the existence of certain elements, as we shall see, it is different from the notary in Latin systems. In the following article, we will refer to companies – both public and private – that have implemented this service. To provide it in a timely manner, they have to use certain security techniques, which we will analyse below.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"66 1","pages":"453 - 469"},"PeriodicalIF":0.0,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89081688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-24DOI: 10.1080/13600869.2021.1999075
Archie Drake, P. Keller, Irene Pietropaoli, Anuj Puri, Spyros M. Maniatis, Joe Tomlinson, Jack Maxwell, P. Fussey, C. Pagliari, Hannah Smethurst, L. Edwards, Sir William Blair
ABSTRACT This paper considers legal contestation in the UK as a source of useful reflections for AI policy. The government has published a ‘National AI Strategy’, but it is unclear how effective this will be given doubts about levels of public trust. One key concern is the UK’s apparent ‘side-lining’ of the law. A series of events were convened to investigate critical legal perspectives on the issues, culminating in an expert workshop addressing five sectors. Participants discussed AI in the context of wider trends towards automated decision-making (ADM). A recent proliferation in legal actions is expected to continue. The discussions illuminated the various ways in which individual examples connect systematically to developments in governance and broader ‘AI-related decision-making’, particularly due to chronic problems with transparency and awareness. This provides a fresh and current insight into the perspectives of key groups advancing criticisms relevant to policy in this area. Policymakers’ neglect of the law and legal processes is contributing to quality issues with recent practical ADM implementation in the UK. Strong signals are now required to switch back from the vicious cycle of increasing mistrust to an approach capable of generating public trust. Suggestions are summarised for consideration by policymakers.
{"title":"Legal contestation of artificial intelligence-related decision-making in the United Kingdom: reflections for policy","authors":"Archie Drake, P. Keller, Irene Pietropaoli, Anuj Puri, Spyros M. Maniatis, Joe Tomlinson, Jack Maxwell, P. Fussey, C. Pagliari, Hannah Smethurst, L. Edwards, Sir William Blair","doi":"10.1080/13600869.2021.1999075","DOIUrl":"https://doi.org/10.1080/13600869.2021.1999075","url":null,"abstract":"ABSTRACT This paper considers legal contestation in the UK as a source of useful reflections for AI policy. The government has published a ‘National AI Strategy’, but it is unclear how effective this will be given doubts about levels of public trust. One key concern is the UK’s apparent ‘side-lining’ of the law. A series of events were convened to investigate critical legal perspectives on the issues, culminating in an expert workshop addressing five sectors. Participants discussed AI in the context of wider trends towards automated decision-making (ADM). A recent proliferation in legal actions is expected to continue. The discussions illuminated the various ways in which individual examples connect systematically to developments in governance and broader ‘AI-related decision-making’, particularly due to chronic problems with transparency and awareness. This provides a fresh and current insight into the perspectives of key groups advancing criticisms relevant to policy in this area. Policymakers’ neglect of the law and legal processes is contributing to quality issues with recent practical ADM implementation in the UK. Strong signals are now required to switch back from the vicious cycle of increasing mistrust to an approach capable of generating public trust. Suggestions are summarised for consideration by policymakers.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"3 1","pages":"251 - 285"},"PeriodicalIF":0.0,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87950574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-14DOI: 10.1080/13600869.2021.1999302
C. Kumar, A. Ganguly, Amanish Lohan
ABSTRACT Over the last half-decade or so, since 2015, data privacy has become an important concern for organizations and consumers alike. Rules and regulations associated with data protection and privacy have led to organizations often reorienting their business model and strategy. The purpose of this paper is to identify and derive the interrelationship between a set of barriers associated with the successful implementation of a business model under evolving privacy laws. The quantitative analysis of Interpretive Structural Modelling (ISM) is used to derive the relationship between the identified barriers. The study found that although industry and academic experts both discuss privacy by design as the guiding factors towards business re-engineering, cost, and unconscious violations are the actual driving barriers, making the design reactive rather than facilitative. Further, the study also found that while industry experts think most of the barriers are interlinked, including costs, academic experts seem to have a varied opinion, with most of them perceiving cost as an outcome of the design. The findings of the current study are expected to aid the legal cell of an organization in understanding the critical barriers associated with business model re-engineering under the evolving privacy laws and design their strategic plans accordingly.
{"title":"Understanding the interrelationship of barriers towards business model re-engineering under the evolving privacy laws: an interpretive Structure Modelling approach","authors":"C. Kumar, A. Ganguly, Amanish Lohan","doi":"10.1080/13600869.2021.1999302","DOIUrl":"https://doi.org/10.1080/13600869.2021.1999302","url":null,"abstract":"ABSTRACT Over the last half-decade or so, since 2015, data privacy has become an important concern for organizations and consumers alike. Rules and regulations associated with data protection and privacy have led to organizations often reorienting their business model and strategy. The purpose of this paper is to identify and derive the interrelationship between a set of barriers associated with the successful implementation of a business model under evolving privacy laws. The quantitative analysis of Interpretive Structural Modelling (ISM) is used to derive the relationship between the identified barriers. The study found that although industry and academic experts both discuss privacy by design as the guiding factors towards business re-engineering, cost, and unconscious violations are the actual driving barriers, making the design reactive rather than facilitative. Further, the study also found that while industry experts think most of the barriers are interlinked, including costs, academic experts seem to have a varied opinion, with most of them perceiving cost as an outcome of the design. The findings of the current study are expected to aid the legal cell of an organization in understanding the critical barriers associated with business model re-engineering under the evolving privacy laws and design their strategic plans accordingly.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"15 1","pages":"382 - 403"},"PeriodicalIF":0.0,"publicationDate":"2021-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85386842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-09DOI: 10.1080/13600869.2021.1999312
Shilpa Singh Jaswant, P. Kale
ABSTRACT The nature of contracts has seen transformation with advances in technology. The efficacy of contract law has been put to the test during this transition from paper-based traditional contracts to electronic contracts. A step forward in this changeover is the ‘smart contract’. Although the term ‘smart contract’ has been in use for two decades, there is as yet no consensus on its meaning. For this paper, we refer to smart contracts as those based on blockchain technology, which generates a decentralised tamper-evident ledger shared within a network of entities. The paper is a critical analysis of the efficacy and adequacy of the Indian Contract Act, 1872, and the Information Technology Act, 2000, in the context of smart contracts. It traces how accommodative Indian law has been to electronic contracts and extends this analysis to smart contracts. It probes smart contracts in the context of the general principles of contract formation, viz., meeting of the minds, offer, acceptance, consideration, capacity, performance, and enforceability. The legal and regulatory aspects of cryptocurrencies, which are often used as consideration, are examined in the Indian context. The paper also elucidates upon the synchronisation of law and technology.
{"title":"Smart contracts and blockchain: legal issues and implications for Indian contract law","authors":"Shilpa Singh Jaswant, P. Kale","doi":"10.1080/13600869.2021.1999312","DOIUrl":"https://doi.org/10.1080/13600869.2021.1999312","url":null,"abstract":"ABSTRACT The nature of contracts has seen transformation with advances in technology. The efficacy of contract law has been put to the test during this transition from paper-based traditional contracts to electronic contracts. A step forward in this changeover is the ‘smart contract’. Although the term ‘smart contract’ has been in use for two decades, there is as yet no consensus on its meaning. For this paper, we refer to smart contracts as those based on blockchain technology, which generates a decentralised tamper-evident ledger shared within a network of entities. The paper is a critical analysis of the efficacy and adequacy of the Indian Contract Act, 1872, and the Information Technology Act, 2000, in the context of smart contracts. It traces how accommodative Indian law has been to electronic contracts and extends this analysis to smart contracts. It probes smart contracts in the context of the general principles of contract formation, viz., meeting of the minds, offer, acceptance, consideration, capacity, performance, and enforceability. The legal and regulatory aspects of cryptocurrencies, which are often used as consideration, are examined in the Indian context. The paper also elucidates upon the synchronisation of law and technology.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"1 1","pages":"312 - 329"},"PeriodicalIF":0.0,"publicationDate":"2021-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90888109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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