Research
Intermediary Liability
COMMENTS ON THE (DRAFT) INFORMATION TECHNOLOGY INTERMEDIARIES GUIDELINES (AMENDMENT) RULES, 2018
Rishab Bailey, Smriti Parsheera and Faiza Rahman
SSRN, January, 2019
Our overarching comments on the draft intermediary guidelines relate to (i) the scope of subordinate legislation — how the numerous substantive obligations in the Draft Rules exceed the mandate of the parent provision; (ii) need for a calibrated approach for different types of intermediaries, based on the nature of activities being carried out by them and the risks and challenges arising from those activities; and (iii) need for a separate conversation on the merits and demerits of voluntary take down mechanisms adopted by various platforms, which essentially amounts to private forms of censorship. These observations are followed by provision-wise comments on the specific text of the draft rules.
COVID - 19
TECHNOLOGY GOVERNANCE IN A TIME OF CRISIS
Human Technology Foundation, iTechLaw Association and others, July, 2020
Contributed to this report prepared by a multi-disciplinary team of 45 technicians, lawyers, and ethicists and published by the Human Technology Foundation. The report offers a guide for the responsible governance of COVID-19 related technological solutions. The work included the development of a multi-factor risk impact assessment toolkit and the application of the toolkit to various tech interventions, including the Indian government's Aarogya Setu app.
STREET LEVEL OFFICIALS IN INDIA'S COVID-19 RESPONSE
LEAP Blog, 6 April, 2020
This piece highlights the critical role of street-level bureaucrats, like district-level officials, police officers, social workers and other members of the local administration, in the implementation of COVID-19 related policies. Drawing from Michael Lipsky's work on street-level bureaucrats, it argues that the actions of such actors are motivated not only by the directions issued by the State but also by the incentives, uncertainties, pressures and threats faced by them. Better policy planning should, therefore, account for these factors and address them while designing the policy response.
Online Dispute Resolution
ONLINE DISPUTE RESOLUTION IN INDIA: LOOKING BEYOND THE WINDOW OF OPPORTUNITY
Rashika Narain and Smriti Parsheera
LEAP Blog, 14 April, 2021
In this article, we describe the meaning, evolution and state of adoption of online dispute resolution (ODR) in India. We also introduce the Handbook on Online Dispute Resolution designed to encourage the adoption of ODR solutions by businesses. While sharing the optimism generated by recent advancements in this space, we also highlight the country's persisting digital divide and concerns of excessive central planning in the design of ODR systems.