Sep 26, 2019

Why The Supreme Court Thinks Technology Has Taken a Dangerous Turn in India

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Tech has obtained a “dangerous turn,” On Tuesday, the Top Court observed & asked the Centre to inform it within three weeks concerning the time-frame needed to produce guidelines to curb abuse of social networking in India.

Expressing serious concern over some networking platforms not having the ability to trace the originator of internet content or material, a Bench of Justice Aniruddha Bose & Justice Deepak Gupta said the Govt. must measure in now.

Neither the Supreme Court nor the High Court is competent to determine it & this issue is for the Govt. to come up with appropriate guideline to deal with these issues, ” the Bench said.

Earlier the Centre Had been asked by the SC to clarify whether it considered forming a framework for linking media accounts of users using their biometric unique identifier Aadhaar.

The Court had stated the Thing, to help trace the originator of this material, has to be determined at the earliest.

It Had said it wouldn’t enter the merits of the case & could determine the plea registered by Facebook Inc, that is currently seeking transfer of matters related to Aadhaar linking pending before HC’s to itself of Bombay Madras & Madhya Pradesh.

The Centre the Court that it had no objection to transport of those instances as HC has spent judicial time on these cases.

Facebook & instant Messaging program WhatsApp, had said they had filed two petitions against the High Court of Madras orders.

The Tamil Nadu authorities in its reply to the transfer request had contended that Facebook Inc and also other social networking companies were not complying with Indian laws, resulting in”increased lawlessness” & problems in”detecting crimes.”

It had sought Modification of the Aug. 20 arrangement of the SC directing the Madras HC to continue hearing pleas for linking networking profiles but restraining it from passing any orders.

The HC is at an advanced Due to the Aug. 20 order of the SC although Point of hearing, it deferred the hearing on these petitions, the State Govt had said.

Referring To criminal cases, the State Govt. Had said law enforcement authorities have tried to seek information from these companies for detection & investigation of crimes on several occasions.

It had stated that these Companies ask authorities to deliver letters rogatory” despite operating on Indian soil” & possess in all cases “failed to provide complete information.”

On Aug. 20, the SC had Sought a response in the Centre, Google, WhatsApp, Twitter, YouTube & others on the plea of Facebook Inc seeking transfer of instances, related to linking of media accounts with Aadhaar, impending to the Top Court in HC’s.

Facebook Inc, while seeking the transfer of the instances to the SC, had argued that if service providers could be asked to share data with probe agencies to help them in criminal investigation has to be decided by the Top Court as it will have a worldwide impact.

The media giant Had contended that distinct HC’s have obtained contrary viewpoints & for uniformity’s sake it would be safer if the cases are heard in the Supreme Court.

It’d said that haring Entails privacy concerns of users spread throughout the nation & the event of the size.

The SC had requested. Social networking companies such as Facebook & WhatsApp would be the effect of recent alterations in Aadhaar Act by which the unique identity number might be shared with the private party for more extensive public attention.

The State Govt. has Argued in managing the issue which would help agencies assess fake news articles that WhatsApp & Facebook have accepted that the Jurisdiction of the Madras HC, error messages because the originator could be traced.

It had stated that an IIT Professor is assisting the HC of Madras to identify the originator of messages on such media platforms that are social.

Facebook Inc had Claimed that there are just four petitions — two at the HC of Madras, one in Bombay HC & one in Madhya Pradesh HC — & they contained nearly similar prayers.

Author- Suvigya jain singhi is Charismatic and energetic legal advisor with eight years of career experience in business and legal environments.

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