Pavan Duggal

He has been a member of number of committees namely:

• Permanent Monitoring Panel (PMP) on Information Security, established by World Federation of Scientists [8]
• The ICANN Nominating Committee representing the Asia Pacific region, 2003 and 2004.[9]
• Membership Advisory Committee of The Internet Corporation for Assigned Names and Numbers (ICANN).[10]

Duggal has commented on what needs to be done to curb the menace of Internet misuse in India, given the fact that there have been only 7 convictions in cybercrime cases, ever since the launch of internet services in India, 18 years ago.[11]

He has commented that the Indian Cyberlaw is miles behind the realities of Social media[12] and there is a need to amend the Information Technology Act 2000 to put it in sync with the requirements of times.[13] Pavan has pointed out to numerous legal policy and regulatory issues concerning Bitcoins including their legalities and the difficulties in enforcing them in the legal jurisdiction, apart from challenges pertaining to the choices of jurisdictions in the event of dispute pertaining to payments made by Bitcoins[14] Pavan was the scholar to raise the concerns regarding draconian powers in Indian Cyberlaw at the time of passing its Cyberlaw in the year 2000.[15] He has commented that the Government's move to amend the Indian Information Technology Act, 2000 is not enough.[16] In his critique of Section 66A of the Information Technology Act, 2000, Duggal has opined that the language and scope of legal terms used under Section 66A are very wide and capable of distinctive varied interpretations. Seen from another angle, the section can be effectively used as a tool for gagging legitimate free online speech.[17] He has opined that by making the Superintendent of Police or an officer above to register cases under Section 66A[18] of the Information Technology Act 2000 is like fixing a leaking roof with band aid.[19]

In the context of the passing of the law concerning India's national biometric identity being Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. Pavan Duggal has opined that there is a need to expand Aadhaar only after 'national security' is defined. He has stated that the term "national security" has not been defined, thus making the aforesaid provision open to a wide interpretation. In the absence of a definition, any and every circumstance could be brought under the purview of national security. The law needs to put in place crystal-clear parameters as to what constitutes national security, when it talks of sharing of personally data with third parties.[20]

In the Context of India's Aadhaar Law and Cyber Security, Pavan Duggal has opined that issues pertaining to cyber security of Aadhaar ecosystem need to be very well examined and analyzed. He has opined that the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 not only symbolizes the biometric identity of individuals, but it also symbolizes biometric and demographic face of the biggest democracy in the world.[21]

Pavan Duggal has been extensively arguing about the need for updating the legal frameworks concerning India's national biometric identity system being Aadhaar.[22]

His commentary on Law on Aadhaar has analyzed the nuances pertaining to the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.[23]

He has argued that with the Government of India making Aadhaar mandatory, there is a need for revisiting and amending the Aadhaar law so as to address the cyber security and other concerns of the Aadhaar ecosystem. He has further highlighted that currently, privacy protection in Aadhaar is not strong in India.[24]

Pavan has described the judgment of Justice K S Puttaswamy (Retd.), And Anr. v/s Union of India pertaining to right to privacy as the historic judgment and having tremendous impact. He has pointed out that the said judgment is only applicable to the state and all instrumentality of the state as fundamental rights are only enforceable applicable against state action under the Indian Constitution.[25]

Pavan Duggal in his book “Artificial Intelligence Law” has analyzed some of the important legal, policy and regulatory issues impacting Artificial Intelligence and the way how Artificial Intelligence jurisprudence needs to evolve in the coming times.[26]

Dr. Pavan Duggal has authored the book entitled “New Cyber World Order Post Covid19”. In this book, he has looked at various cyber legal and cyberspace parameters which are contributing to the evolution of the new changing world order that is likely to emerge in cyberspace after Covid19 comes to a close. He has highlighted the fact that there would be increasing cybercrime activities and massive growth in cyber security breaches during Covid19 and post Covid19 that is also likely to see increase in state power. [27]

In his blog entitled “Cyber Laws in Today’s Times[28]” at The Economic Times,[29] Pavan has written on different aspects and issues pertaining to Cyberlaw including, Rise of digital India-begining [sic] of a new dawn,[30] 15 cyberlaw learnings for India post Vodafone disclosure report,[31] Resurgent India's Proposed Cyber and IT Policies,[32] Cyberlaw Jurisprudence in Today's Changing World,[33] Googlization of Indian Election Process and Legal Challenges,[34] Cyber Law Global Trends in 2014,[35] Important Cyber Law Trends in India - 2014,[36] Indian Cyber Law Developments 2013,[37] International Cyberlaw 2013: Some Highlights,[38] Online predators and Indian Cyberlaw,[39] Year 2012 and Section 66A of Indian Cyberlaw[40]

Pavan[41] is a columnist at Financial Chronicle[42] and has written various columns on different aspects and issues pertaining to Cyberlaw including, Are networking netizens safe?,[43] Legal challenges in cyber world,[44] 2008: Year of cyber terrorism,[45] Wake-up call for Indian BPOs,[46] Regulate hidden cameras,[47] Hidden camera and law,[48] Who checked my email?,[49] Cyberlaw without a sting,[50] Caught in the www.net,[51] Login codes for bloggers’ park,[52] E-legalities are here to stay,[53] Internet has no alternative[54]

He has written several books/eBooks on various diverse and complex aspects concerning the legalities of policy related issues impacting cyberspace, Internet and the World Wide Web. He has authored India's first mobile law treatise, which focuses on litigation and jurisprudence vis-à-vis mobile communication devices.[55]

• Pavan Duggal's Homepage