Pavan Duggal

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]

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]

Dr. Pavan Duggal has highlighted the significance of Government of India’s new directives on cyber security in terms of reporting of cyber security breaches. He has highlighted the game changing impact of the new directions issued by the Indian Computer Emergency Response Team (CERT-In) on mandatory cyber security reporting.

Pavan Duggal, an advocate and cyber law expert, said this is the first time the government issued directives on cyber law “of this magnitude and nature." He further added, “India presently does not have a dedicated cyber security law, and the IT Act, 2000, only dealt with some aspects of it. The new rules bring every company in India under scrutiny and require logs of ICT servers to be maintained for a rolling period of 180 days for transparency and accountability."

“By a single stroke of secondary legislation, the government has offered umbrella cyber security directions for all companies. These directions could be game-changing in their perspective and amplitude and could be a turning point in providing a robust legal framework for promoting cyber security," Duggal added. [20]

The RoundTable on Cyberlaw, Cybercrime&Cybersecurityaims to examine the current developments in the area of Cyberlaw, Cybercrime & Cybersecurity as well as connected legal and policy issues during the Coronavirus times. [21]

Dr. Pavan Duggal elaborated and introduced broad trends evolving around Cyberlaw, Cybercrime and Cybersecurity at the RoundTable on Cyberlaw, Cybercrime & Cybersecurity, being Thematic Workshop No. 315 organized by Cyberlaws.Net and Pavan Duggal Associates, Advocates under the aegis of International Conference on Cyberlaw, Cybercrime & Cybersecurity, at ITU WSIS Forum 2022.Dr. Pavan Duggal had moderated the said Thematic Workshop. At the said Round Table on Cyberlaw, Cybercrime & Cybersecurity, Pavan highlighted the broad developments at the international level of Cyberlaw, Cybercrime and Cybersecurity. He further pointed out about the increasing relevance of cyber security. [22]

Pavan Duggal further stated that however, in this data economy, there are increasing numbers of cyber-attacks globally: from data leaks to ransomware attacks on everything from social media to power systems to airlines. In fact, Dr Duggal noted, every 11 seconds a company falls victim to a ransomware attack. We’re in the golden age of cybercrimes, he continued, and the impact is tangible. 6 trillion US Dollars have been lost to cybercrime already, and another 8 trillion dollars are expected to be lost due to these attacks.

With the current lack of international legislation, it is extremely hard to prosecute cyber-criminals. While electronic evidence has become a crucial tool for governments, law enforcement and the judiciary in investigating cybercrime, the growth of the Darknet makes it even easier to access identity-hiding technology. [23]

Duggal has further highlighted the massive increase of cybercrime. As per Dr. Duggal,“with the pandemic’s onset, we also see the advent golden age of cybercrime and this golden age is going to last for a few decades. Its beginning has been characterised by the three top-most cybercrimes across the world. They are phishing, identity theft and online financial fraud. It has become so common because it is easy to phish people. During the Covid-19 it was even easier as primarily there was a fear and panic among people. So many people were fearful or panicking and ended up clicking the wrong link, believing the wrong voices and becoming victims of the attacks. Phishing has emerged as one of the top-most cybercrimes in the world and since there is an increase in the capacity building of such criminals we will witness more and more phishing in future.” [24]

As per Media India Group, Pavan Duggal, an advocate of the Supreme Court of India specialising in cyberlaw has had long experience of dealing with people who have been victims of cybercrime. As per Pavan Duggal, “With the coming of Covid-19, it’s cybercrime everywhere with nowhere to run. The golden age of cybercrime has raised the global cost of cybercrimes including these cyberattacks..Users have to now wake up to the new cyber age. Users have to now be careful and should not be part of the vomiting group, i.e., they are vomiting all kinds of sensitive data whether it be personal, professional or social information unnecessarily. They only need to share the information on a need-to-know basis and be duly diligent. They must learn to inculcate elements of distrust and mistrust. Only by conscious effort, due diligence and caution you can prevent yourself from becoming a victim. [25]

Duggal has been working on the legal issues of Metaverse. He is the Chief Evangelist of Metaverse Law Nucleus. [26]

He has highlighted various legal challenges thrown up by Metaverse including issues pertaining to its legalities, growing phenomenon of Metaverse and the need for regulating breaches of cyber security in Metaverse. He has further opined that Metaverse today brings across new distinctive legal challenges. Metaverse law as a subdiscipline of cyber law is going to be evolving very rapidly in the next few years, said cyber law expert and senior Supreme Court Advocate Pavan Duggal. To a large extent, Metaverse laws will be based on the foundations of cyber laws. He further opined that regulating cyber security would require dedicated legal frameworks. But more significantly, we will quickly start realizing new manifestations and new orientations of the legal jurisprudence coming forward, Duggal explained. [27]

Duggal also highlighted the issues pertaining to increased data usage on Metaverse. He stated that youngsters need to realise that behind the sexy glee of Metaverse lies the hunger of Metaverse stakeholders for your data, and therefore there is going to be huge impact on your privacy, he says. [28]

Pavan Duggal addressed, on Metaverse legalities, the International Conference On Metaverse And Law – Opportunities & Challenges, organized on 24th March, 2022 by Metaverse Law Nucleus & Pavan Duggal Associates, Advocates. [29] [30]

The book entitled “The Metaverse Law” authored by Duggal has been featured in the category of 9 Best Metaverse eBooks of All Time, by Book Authority, being the world's leading site for book recommendations by thought leaders. [31]

Duggal has repeatedly highlighted the need for enhancing capacity building. He has stated that “We are sitting ducks for the cybercriminals and it is time for us to strengthen our defences and enhance our awareness. We have already created an online platform offering various courses on cyberlaw, cybercrime and cybersecurity. Speaking about the numbers more than 27,000 students have done the courses from over 52 countries speaking 15 different languages over 3 years. These figures are telling us that there is a need for awareness training,” says Duggal. [32]

He has highlighted the need for corporate stakeholders to contribute in cyber skills.“Companies have to do far more capacity building among their employees while working from home in these transient times,” says Duggal. [33]

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.[34]

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,[35] the Oxford Statement on International Law Protections Against Foreign Electoral Interference Through Digital Means,[36] and the Oxford Statement on International Law Protections in Cyberspace: The Regulation of Information Operations and Activities.[37]

He is also a Signatory to Oxford Statement on International Law Protections in Cyberspace: The Regulation of Ransomware Operations.[38]

Duggal spoke at the (18th meeting) First session of United Nations Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes, on the elements and inputs that need to be incorporated in the proposed International Convention to prevent the misuse of Information & Communication Technologies for criminal purposes. During his address, Pavan talked about the need for highlighting the issues pertaining to cyber security since cyber security, Cyberlaw and cybercrime are three connected sisters. He underlined the need for preventing misuse of Information & Communication Technologies networks for criminal purposes in the data economy as becoming the top most priority for governments. He emphasized the need for addressing darknet related issues as also issues pertaining to misuse of emerging technologies like Artificial Intelligence, Blockchain and Internet of Things. He further argued the need for the proposed Convention to address misuse of emerging technologies like Quantum Computing and Metaverse. [39] (from 01:11:10 to 01:21:10)

Duggal was invited to be a Speaker-cum-Panelist at the First Intersessional Consultation of the Ad Hoc Committee, held from 24-25 March, 2022 at Vienna. The Ad Hoc Committee has been established establish to elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes. [40]

During his address for more than 30 minutes, Pavan elaborated on the broad structural parameters and architecture of the proposed international Convention to regulate the misuse of Information and Communications Technologies for criminal purposes. Pavan also highlighted essential elements and key thrust areas that need to be made integral component of the proposed Convention. [41]

• International Court of Justice (ICJ)

In association with International Telecommunications Union, uggal has conducted two Training cum Sensitization Programmes for the elected Judges and Officers of the International Court of Justice (ICJ) at The Hague, Netherlands in May, 2019. [42]

• United Nations Office on Drugs and Crime (UNODC)’s Education for Justice (E4J) initiative

Duggal was part of the International Expert Panel which reviewed different Cybercrime Modules for United Nations Office on Drugs and Crime (UNODC)’s Education for Justice (E4J) initiative. [43]

• UNESCO Quebec Conference

Pavan Duggal was invited to address UNESCO Conference on Cyber Radicalization held on 30th October – 1st November, 2016 at Quebec, Canada.Pavan Duggal spoke about the need for international legal frameworks to deal with cyberradicalization. He highlighted the need for adopting strong counter narratives, and for coming up withrobust national legislativeapproaches to deal with cyber radicalization in effective manner.[44]

Dr. Pavan Duggal has underlined the need for everyone today to have Right To Be Forgotten digitally. In a conversation with journalists at the Zee Media group, Dr Pavan Duggal, Advocate, Supreme Court of India, and a pioneer name in country’s cyber security law campaigns, said that everybody has the right to get unauthorised access to their data removed from the digital space. He was speaking in the context of old videos and photos surfacing on the internet after years in a targeted bid to tarnish image. [45]

Dr. Duggal has also highlighted the need for India to have dedicated legal approach.“In India, we do not have a concept of the right to be Forgotten. It’s a very Western concept," said Pavan Duggal, a cyberlaw expert and Supreme Court advocate. [46]

According to Dr Duggal, “I believe under the Indian Constitution, we have the fundamental right to life under Article 21. I believe that fundamental right needs to be interpreted in very broad terms not only to have include therein access to the internet but also the Right To Be Forgotten on the internet.” [47]

He has stated that “Still, intermediaries like search engines and Internet services providers, under the country’s IT Act and IT Rules, have the obligation to exercise due diligence if an aggrieved party sends them a written notice." [48]

In the context of Pegasus controversy, 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.[34]

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.[49]

Duggal has been advocating a minimal enabling regulatory framework for crypto ecosystem. He has highlighted that India needs to specifically focus on the legal and policy frameworks pertaining to crypto-assets and cryptocurrencies. He believes that banning crypto-assets and cryptocurrencies is not a legal and pragmatic option. This is because crypto-assets and cryptocurrencies are global paradigms and by banning them in India they cannot be wished away. He has argued that some foundations from Indian cyberlaw could be made as foundational building blocks for the further subsequent minimal enabling regulation of Blockchain.[50]

Pavan has opined that if Indians have invested over Rs 6 lakh crore in the crypto ecosystem and there is absence of legal clarity, it is very much possible that a large number of people could lose huge chunks of money. The quicker India as a nation wakes up from its deep slumber and starts addressing the crypto ecosystem, the better it will be.[51] He has pointed out that RBI and government will need to come up with the appropriate mechanisms to disseminate more information about the national digital currency and make it safe from potential cyber-attacks and from potential cybercriminal activities.[52]

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[53]

Pavan has been underlining the need for India to take effective action to safeguard the Indian digital ecosystem. He has pointed out that India has an immense policy vacuum as it doesn’t have a dedicated law on cyber security, for data protection nor a dedicated law for privacy. So in the absence of punitive legislation, India becomes a very fertile ground for hackers. Commenting on The Election Laws (Amendment) Bill, 2021, he has opined that “Cyber attacks and security breaches in India have increased massively, and these are often not recorded. If the government wants to join Aadhaar with voter ID, they are doing it without any reference to the cyber security methodologies, process, and procedure in the process of making this linking exercise more secure.” [54]

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.[55]

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.[56]

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.[57]

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.[58]

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,[59] as also to assist the Court in addressing issues involved in the said petition.[60]

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.[61]

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.”[62]

He has commented that the Government's move to amend the Indian Information Technology Act, 2000 is not enough.[63] 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.[64]

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.[65]

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.[66]

As per the International Telecommunications Union, as a Writer, he has made his mark with 179 Books on various aspects of the law in the last 20 years. Dr. Pavan Duggal’s books have been conferred various awards by Book Authority in various categories over a couple of years. [67]

He has authored 179 books on the intersection of law and technology over the last two and a half decades. The vast and diverse range of Pavan Duggal’s books include Books on Cyber Law, Cybercrime Law, Cyber Security Law, Artificial Intelligence Law, Blockchain Law, Internet of Things Law, Other Emerging Technologies and Legalities and on Coronavirus & Cyber Legal Issues.[68]

The World Summit on the Information Society gives details of numerous books authored by Dr. Pavan Duggal on the website of the International Telecommunications Union. [69]

Pavan Duggal’s numerous books have been recognized by BookAuthority, the world’s leading site of books recommendations by thought leaders.[70]

Numerous Book Authority’s Awards have been conferred To Duggal’s Books.[70]

19 of various Cyberlaw Books authored by Pavan Duggal have been featured by BookAuthority in “37 Best Cyberlaw Books of All Time”.[71]

12 Best New Cyberlaw Books To Read In 2022 feature 10 of Pavan Duggal’s books.[72]

BookAuthority, the world’s leading site of books recommendations by thought leaders, has listed numerous books written by Dr. Pavan Duggal in 40 Best Cyberlaw Books of All Time. [73],11 Best New Cyberlaw Books To Read In 2022. [74], 27 Best-Selling Cyberlaw eBooks of All Time [75] and 11 Best New Cyberlaw eBooks To Read In 2022 [76]

• Pavan Duggal's Homepage
• Cyberlaw University Homepage
• Cyberlaws.Net Homepage
• International Conference on Cyberlaw, Cybercrime & Cyber Security Homepage
• International Commission on Cyber Security Law Homepage
• Artificial Intelligence Law Hub Homepage
• Blockchain Law Epicentre Homepage
• Pavan Duggal Associates Homepage