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In the face of rising cybercrimes and threats, there is a pressing need to have in place an International Convention on Cyberlaw and Cyber-Security. Currently, nothing of the sort exists. Such a convention is essential in order to ensure that the world, as a collective whole, responds to the challenges of cybercrime, cyber-security breaches and cyber-terrorism which threaten to impact the very existence of the internet and violate the sovereignty, security and integrity of nations across the globe.
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Recently, it was reported that Twitter has been sued by Tamara Fields, a Florida woman whose husband Lloyd died in a terrorist attack. Fields has accused Twitter of having knowingly allowed ISIS to spread propaganda, raise money and attract recruits. Twitter, of course, denies all charges. While we await the decision of that case, what we need to address is that intermediaries and service providers increasingly have a duty to ensure that their networks are free from dissemination of cyber-terrorist content.
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The new anti-terrorism law is a reiteration of Chinese sovereignty and represents a new approach that drives home the point that China will not hesitate to pass extremely broad, comprehensive and wide-ranging (indeed, generic) laws that have far-reaching tentacles into the digital space to protect its national interests.
The year 2015 was nothing if not eventful, and while some developments generated plenty of sound and fury, others made a quieter impact. As I look back at legal developments, what stands out is how 2015 was a landmark year in the evolution of cyberlaw in India.