Government May Ban Some New Tech Citing User Harm, Security In Digital Bill
The Indian government is contemplating the regulation of emerging technologies, with the possibility of outright prohibitions on certain technologies if they pose risks to users, national security, or public order. These considerations are part of the upcoming Digital India Bill, which will succeed the Information Technology Act, 2000. The bill aims to provide a comprehensive legal framework covering various legislative measures, including the Digital Personal Data Protection Act, 2023, the draft Indian Telecommunication Bill, 2022, and non-personal data governance policies.
The government may restrict emerging technologies if they are likely to cause significant harm to users, cannot be adequately managed, pose a threat to national security, or discriminate against individuals based on factors such as sexual orientation or political beliefs. While the specific technologies to be regulated are still under consideration, blockchain and the metaverse are among those on the government”s radar.
Parameters for evaluating whether to prohibit an emerging technology may include its intended purpose, nature, design, complexity, interconnectedness, and its potential to promote innovation and research and development.
The Digital India Bill is expected to propose the establishment of a regulatory body called the Digital India Authority, which could penalise developers of emerging technologies for violations of proposed principles. The regulator might also have the authority to instruct the Central Government to block access to software or applications developed by such entities.
To encourage innovation, the Central Government may create a regulatory sandbox to facilitate the development, testing, validation, or deployment of emerging technologies or business models before their public release.
Additionally, the bill may introduce regulations for the deployment of artificial intelligence (AI) models, granting users of social media platforms and other companies the right to be informed about significant automated decisions that affect them. This provision would require platforms to provide explanations for algorithm-based changes and allow users to opt-out of major algorithm adjustments.
The government”s motivation behind these regulatory measures is to pre-emptively address technologies with potentially disruptive impacts on users. As discussions continue, the government aims to broaden its authority to issue takedown orders and potentially determine which social media platforms should have legal immunity from user-generated content hosted on their platforms.
