Pavan Duggal

From Wikipedia, the free encyclopedia
Jump to navigation Jump to search
Pavan Duggal is an advocate specialized in the field of Cyberlaw, E-Commerce law.

Pavan Duggal[1] is an Indian advocate specialized in the field of cyberlaw and e-commerce law. He is also a member of NOMCOM Committee on Multilingual Internet Names Consortium (MINC).[2]

As per Women Economic Forum, Pavan Duggal has been acknowledged as one of the top four Cyber Lawyers in the world. WDD [World Domain Day] recognises Pavan Duggal as one of the top 10 Cyber Lawyers around the world. Pavan Duggal who is the President of Cyberlaws.Net. He is working in the pioneering area of Cyberlaw. While a practicing Advocate, Supreme Court of India, Pavan Duggal has made an immense impact with an international reputation as an expert and authority on Cyberlaw and E-Commerce law.[3]

An internationally renowned expert and authority on cyberlaw, Duggal has also the credit of having done pioneering work in the field of mobile law, convergence law and dark net law. He is the president of Cyberlaw Asia, Asia's pioneering organization committed to the passing of dynamic cyberlaws in the Asian continent.[4]

Pavan's was for some time a recognized face as an English newsreader with the Indian state run television network Doordarshan. Pavan Duggal[5] is the Conference Director[6] of the International Conference on Cyberlaw, Cybercrime & Cybersecurity [7] organized by Cyberlaws.Net.[8]

Pavan Duggal[9] is the Chairman of the International Commission on Cyber Security Law[9]

Achievements[edit]

He has been a member of number of committees namely:

  • Permanent Monitoring Panel (PMP) on Information Security, established by World Federation of Scientists[10]
  • The ICANN Nominating Committee representing the Asia Pacific region, 2003 and 2004.[11]
  • Membership Advisory Committee of The Internet Corporation for Assigned Names and Numbers (ICANN).[12]
  • Advisory Council of the Institute of Cyber Security and Law of University of Delhi [13]

Contributions to Cyber Security Legal Jurisprudence[edit]

Dr. Pavan Duggal has been contributing to pushing the envelope of Cyberlaw jurisprudence, specifically in the context of cyber security. He has highlighted the need for further beefing up Indian cyber security legal response. He has argued “Till now, India has only adopted a lip service approach to cyber-security.” [14]

He has stated that “we need to realise that we are behind the curve on handling cyber security. In the current scenario, the cyber security breaches are not being given enough attention by the law enforcement agencies. This needs to change. We can’t have national security unless we pay adequate attention to cyber security.” [15]

He has been underlining the need for India to have dedicated legislation on cyber security.[15] He has highlighted that “India requires a new legislation that is wholly dedicated to cyber security. It is not sufficient to merely put cyber security as a part of the IT Act.” [15] In this regard, he has highlighted that “we will have to have a collaborative model on cyber-security. We need to create more awareness on cyber-security.” [16] He has further argued that “we must start to inculcate cybersecurity as a way of life.” [17] He has cautioned against blind-folded relying upon the digital platforms in the context of cyber security. He has cautioned that “what was secure yesterday is not secure today and what is secure today will not be secure tomorrow. Blindfoldly relying upon these platforms would not suffice. There is a need for people to incorporate cyber security as away of life.” [18]

Pavan Duggal has recommended the need for coming up with an International Convention on Cyber Laws and Cyber Security.[19]

Pavan’s vision of New Cyber World Order[edit]

As a visionary thinker and eminent cyber jurist, Pavan has argued in his book “New Cyber World Order Post Covid-19”,that the world is inching towards new cyberspace by the time it is victorious in its fight against the current and other subsequent waves of coronavirus infections. This New Cyber World Order will be an ecosystem where nation states will become more powerful and where there will be an increasing interference in the enjoyment of digital liberties and rights of the citizens.[20]

Signatory of Oxford statements[edit]

Duggal has been associated with The Oxford Process on International Law Protections in Cyberspace. He is the signatory of various statements which are issued by the Oxford Institute of Ethics, Law & Armed Conflicts. Duggal is a signatory to the Oxford Statement on the International Law Protections Against Cyber Operations Targeting the Health Care Sector,[21] the Oxford Statement on International Law Protections Against Foreign Electoral Interference Through Digital Means,[22] and the Oxford Statement on International Law Protections in Cyberspace: The Regulation of Information Operations and Activities.[23]

He is also a Signatory to Oxford Statement on International Law Protections in Cyberspace: The Regulation of Ransomware Operations.[24]

Views on Pegasus Controversy[edit]

In the context of Pegasus controversy, Dr. Pavan Duggal has warned digital stakeholders that this episode needs to be a wakeup call for all digital ecosystem stakeholders to come out from their deep slumber and to come up with more updated and appropriate strategies to deal with the constant challenges thrown up by the surveillance technologies and increasing cyber security breaches.[25]

In this context, he also warned digital stakeholders not to depend upon the state to protect privacy. He further indicated that most of the time, we ourselves become the weakest link in the cyber security chain by disclosing things. Already India is seeing the great Indian vomiting revolution, where Indians are vomiting all kinds of personal, professional, social information about their day-to-day lives on to the internet.[26]

Other[edit]

Pavan has pointed out 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[27] He has commented that the Government's move to amend the Indian Information Technology Act, 2000 is not enough.[28] He has opined that by making the Superintendent of Police or an officer above to register cases under Section 66A of the Information Technology Act 2000 is like fixing a leaking roof with band aid.[29]

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.[30]

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.[31]

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.[32]

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.[33]

Pavan Duggal was appointed as Amicus Curiae in the landmark case of X vs. Union of India, W.P. (Crl) No. 1082/2020 by Delhi High Court.[34]

For examining the statutory landscape, the technological limitations and the reality, the Court appointed Dr Pavan Duggal, Advocate, specialising in cyber law and cyber crime, as Amicus Curiae,[35] as also to assist the Court in addressing issues involved in the said petition.[36]

The judgement also contains the submissions of Mr Pavan Duggal the noted Cyber Law expert where a good summary of the applicable law is available. Given the international experience of Mr Pavan Duggal who was the Amicus Curiae in the hearing, the judgement will be a very useful reference document for all students of Cyber Law.[37]

The said judgment has been lauded from the perspective of Cyberlaw jurisprudence. In the said matter, Pavan Duggal assisted the Court in such an admirable manner that the Court was pleased to note in para 96 of the judgment dated 20/4/2021 that “this court records its deep appreciation for the invaluable assistance rendered in the matter by the learned Amicus Curiae Dr. Pavan Duggal.”[38]

Publications[edit]

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.[39]

References[edit]

  1. ^ Brief Profile at cdit, Profile
  2. ^ MINC, MINC Committee Member
  3. ^ [1]
  4. ^ [2]
  5. ^ http://www.weforum.org/contributors/pavan-duggal
  6. ^ http://cyberlawcybercrime.com/?page_id=74
  7. ^ http://cyberlawcybercrime.com/
  8. ^ "About-CyberLaws.net". cyberlaws.net.
  9. ^ a b "» Dr. Pavan Duggal".
  10. ^ http://www.itu.int/dms_pub/itu-s/opb/gen/S-GEN-WFS.02-1-2014-PDF-E.pdf
  11. ^ ICANN's Nominating Committee, At-Large Advisory Committee Announces Delegates to ICANN's Nominating Committee, Appointments to ALAC Posts
  12. ^ ICANN Membership Advisory Committee, ICANN Membership Advisory Committee
  13. ^ [3]
  14. ^ timesofindia.indiatimes.com"=https://timesofindia.indiatimes.com/india/indians-excel-in-jugad-what-we-dont-realise-is-the-electronic-ecosystem-doesnt-give-you-a-second-chance/articleshow/81309525.cms}}
  15. ^ a b c "expresscomputer.in"=https://www.expresscomputer.in/magazine/dedicated-legislation-for-cyber-security-is-needed-pavan-duggal/13378}}
  16. ^ timesofindia.indiatimes.com=https://timesofindia.indiatimes.com/india/indians-excel-in-jugad-what-we-dont-realise-is-the-electronic-ecosystem-doesnt-give-you-a-second-chance/articleshow/81309525.cms }}
  17. ^ "timesnownews.com" https://www.timesnownews.com/business-economy/economy/article/as-cyber-threats-loom-banks-should-focus-on-constant-updation-of-cyber-security-pavan-duggal/651684}}
  18. ^ ciso.economictimes.indiatimes.com=https://ciso.economictimes.indiatimes.com/news/why-data-security-is-an-illusion/80321790}}
  19. ^ legaleraonline.com=https://www.legaleraonline.com/distinguished-legal-mind-of-india/pavan-duggal-346}}
  20. ^ outlookindia.com=https://www.outlookindia.com/website/story/opinion-pegasus-controversy-where-does-india-stand-on-cyber-laws/389018 }}
  21. ^ elac.ox.ac.uk=https://www.elac.ox.ac.uk/the-oxford-statement-on-the-international-law-protections-against-cyber-operations-targeting-the-hea#/}}
  22. ^ elac.ox.ac.uk= https://www.elac.ox.ac.uk/the-oxford-statement-on-international-law-protections-against-foreign-electoral-interference-through#//}}
  23. ^ opiniojuris.org=http://opiniojuris.org/2021/06/02/the-oxford-statement-on-international-law-protections-in-cyberspace-the-regulation-of-information-operations-and-activities//}}
  24. ^ justsecurity.org=https://www.justsecurity.org/78457/oxford-statement-on-international-law-protections-in-cyberspace-the-regulation-of-ransomware-operations}}
  25. ^ outlookindia.com=https://www.outlookindia.com/website/story/opinion-pegasus-controversy-where-does-india-stand-on-cyber-laws/389018}}
  26. ^ economictimes.indiatimes.com=https://economictimes.indiatimes.com/news/india/do-not-depend-upon-the-state-to-protect-your-cyber-security-pavan-duggal-advocate-sc/articleshow/84577962.cms}}
  27. ^ aljazeera.com=https://www.aljazeera.com/program/inside-story/2013/4/5/cashing-in-on-the-bitcoin-boom%7Ctitle=Cashing in on the Bitcoin boom|first=Inside|last=Story|website=www.aljazeera.com}}
  28. ^ https://storify.com/100003672905282/pavan-duggal-govt-s-move-to-amend-draconian-indian
  29. ^ rediff.com=https://www.rediff.com/news/report/why-govts-move-to-amend-draconian-it-act-isnt-enough/20121129.htm%7Ctitle=New IT Act guidelines: Fixing leaking roof with band aid|first=Vicky|last=Nanjappa|website=Rediff}}
  30. ^ catchnews.com=http://www.catchnews.com/national-news/aadhaar-must-be-expanded-only-after-national-security-is-defined-pavan-duggal-takes-a-closer-look-at-contentious-bill-1458536635.html%7Ctitle=Expand Aadhaar only after 'national security' is defined. Pavan Duggal on the contentious Bill|website=CatchNews.com}}
  31. ^ computer.financialexpress.com=http://computer.financialexpress.com/columns/indias-aadhaar-law-and-cyber-security-with-a-legal-eye/17347/
  32. ^ dnaindia.com=https://www.dnaindia.com/business/interview-currently-privacy-protection-under-aadhaar-is-not-strong-pavan-duggal-2543248%7Ctitle=Currently, privacy protection under Aadhaar is not strong: Pavan Duggal|first=Mansi|last=Taneja|date=September 6, 2017|website=DNA India}}
  33. ^ business-standard.com=https://www.business-standard.com/article/current-affairs/right-to-privacy-lawyers-expect-spurt-in-privacy-related-litigation-117082500041_1.html/%7Ctitle=Right to Privacy: Lawyers expect spurt in privacy-related litigation|first=Sayan|last=Ghosal|date=August 25, 2017|via=Business Standard}}
  34. ^ delhihighcourt.nic.in=http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=122822&yr=2020}}
  35. ^ scconline.com=https://www.scconline.com/blog/post/2021/04/26/breach-of-privacy/}}
  36. ^ http://www.jcvindia.com=https://www.jcvindia.com/x-vs-union-of-india-and-ors-on-6-march-2021/}}
  37. ^ naavi.org=https://www.naavi.org/wp/delhi-high-court-guidelines-on-section-79-of-ita-2000/}}
  38. ^ indiankanoon.org=https://indiankanoon.org/doc/190535334/}}
  39. ^ knowyourmobile.in=http://www.knowyourmobile.in/products/5278/indias-first-mobile-law-treatise-everything-you-need-know.

External links[edit]