India, The Aadhaar Nation That Isn't Legally Equipped to Handle its Adverse Effects

December 8, 2016 Published Work
The Wire

Hillary Clinton's use of private email servers, the alleged Russian hacking of the Democratic National Congress's servers, the possible plundering of 500 million Yahoo! accounts, the Aadhaar case and Snowden's disclosures on NSA spying are developments that dramatically demonstrate that while technology is growing by leaps and bounds, the law unfortunately has not kept pace.

Technology now has a profound impact on every sphere of the life of the aam aurat (common woman) – changes to Facebook or Whatsapp rules impact her social and personal life, foreign countries hack and leak a political party's information in order to influence her vote and the outcome of elections, and foreign cyber-terrorism directly impacts her life and security. And so, the ubiquitous nature of cyber technology can no longer be addressed by simplistic legal solutions or a single Act or regulation. In other words, passing one ‘Information Technology Act' or adding a few sentences to the country's old penal code to address cyber crimes is not an adequate legal response to address technology and its dramatic impact on various spheres of life, ranging from the exercise of democratic rights to physical security.

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