EDITORIALS & ARTICLES
27th June 2021
Digital Millennium Copyright Act (DMCA)
Recently, the Union Minister for Electronics & Information Technology was locked out of his Twitter account allegedly over a notice received for violation of the Digital Millennium Copyright Act (DMCA).
Digital Millennium Copyright Act (DMCA)
- It is a 1998 law passed in the US.
- It is among the world’s first laws recognising intellectual property on the internet.
- It oversees the implementation of the two treaties signed and agreed upon by member nations of the World Intellectual Property Organisation (WIPO) in 1996.
- The two treaties are the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.
- It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works.
Significance of Digital Millennium Copyright Act (DMCA)
- The treaties require member nations to provide in their respective jurisdictions, protection to intellectual property that may have been created by citizens of different nations who are also co-signatories to the treaty.
- The protection, accorded by each member state, must not be any less in any way than the one being given to a domestic copyright holder.
- It obligates that signatories to the treaty ensure ways to prevent circumvention of the technical measures used to protect copyrighted work.
- It also provides the necessary international legal protection to digital content.
Need for Digital Millennium Copyright Act (DMCA)
- Establishing protections for online service providers in certain situations if their users engage in copyright infringement which allows copyright owners to inform online service providers about infringing material so it can be taken down;
- Encouraging copyright owners to give greater access to their works in digital formats by providing them with legal protections against unauthorized access to their works; and
- Making it unlawful to provide false copyright management information or to remove or alter that type of information in certain circumstances.
Generation of DMCA Notice
- Any content creator of any form, who believes that their original content has been copied by user or a website without authorisation can file an application citing their intellectual property has been stolen or violated.
- The users can either approach the website on which the content has been hosted, or third party service providers, which utilise a team of experts to help take down the stolen content for a small fee.
- The content creators such as Facebook, Instagram or Twitter can directly approach the platform with a proof of them being original creators.
- The platforms also give the other users against whom allegations of content cheating have been made, a chance to reply to the DMCA notice by filing a counter notice.
- The platform shall then decide which party is telling the truth, and shall accordingly, either restore the content or keep it hidden.
World Intellectual Property Organisation (WIPO)
- It is the global forum for intellectual property (IP) services, policy, information and cooperation.
- It is a self-funding agency of the United Nations, with 193 member states.
- Its mission is to lead the development of a balanced and effective international IP system that enables innovation and creativity for the benefit of all.
- Its mandate, governing bodies and procedures are set out in the WIPO Convention, which established WIPO in 1967.
- To become a member, a state must deposit an instrument of ratification or accession with the Director General and the WIPO Convention provides that membership is open to any state that is:
- A member of the Paris Union for the Protection of Industrial Property, or member of the Berne Union for the Protection of Literary and Artistic Works; or
- A member of the United Nations, or of any of the United Nations' Specialized Agencies, or of the International Atomic Energy Agency, or that is a party to the Statute of the International Court of Justice; or
- Invited by the WIPO General Assembly to become a member state of the Organization.
Valuation report by a registered valuer
Recently, a controversy surrounding a Rs 4,000 crore share allotment decision by PNB Housing Finance to investors led by Carlyle at a price of Rs 390 per share due to a valuation report by a registered valuer.
Registered Valuer
- A registered valuer is an individual or entity which is registered with the Insolvency and Bankruptcy Board of India (IBIBI) as a valuer.
- It is in accordance with the Companies (Registered Valuers and Valuation) Rules, 2017.
- Under Section 458 of the Companies Act, IBBI has been specified as the authority by the central government.
- It was introduced in the Companies Act in 2017 in order to regulate the valuation of assets and liabilities linked to a company.
- It aims to standardise the valuation procedure in line with global valuation standards.
Eligibility conditions to become a Registered Valuer
- An individual needs to clear the Valuation Examination conducted by IBBI.
- An individual who:
- has specified qualification and experience (Graduate in a specified discipline with five years’ experience or postgraduate in a specified discipline with three years’ experience);
- is enrolled as a valuer member with a registered valuers organisation (RVO);
- has completed the educational course conducted by the RVO, and
- has passed the examination of the relevant asset class, conducted by IBBI
- The individual should have a postgraduate degree in the specified discipline (relevant for valuation of the class of asset for which the registration is sought).
Composition of Valuation Report
- The Companies (Registered Valuers and Valuation) Rules, 2017 states that the valuer should state 11 key aspects including disclosure of the valuer’s conflict of interest.
- It must include purpose of valuation, sources of information, procedures adopted in carrying out the valuation, valuation methodology and major factors that influenced the valuation.
Assets which can be valued by a Registered Valuer
- The valuer can get themselves registered for valuation of assets such as
- Land and building;
- Plant and machinery; and
- Securities and financial assets
- They can get registered for valuation of all three classes, and can undertake valuation of only the assets for which they have got the registration.
Higher Threshold for Small and Medium Companies
Recently, the Corporate Affairs Ministry has expanded the turnover and borrowing thresholds for Small and Medium sized Companies (SMC).
Changes in threshold for SMCs
- The Ministry has increased the turnover threshold for SMCs to Rs 250 crore from Rs 50 crore.
- The borrowing threshold has been expanded to Rs 50 crore from Rs 10 crore.
- The SMCs are permitted to avail a number of exemptions under the Company (Accounting Standards) Rules 2021 to reduce the complexity of regulatory filings for smaller firms.
Exemptions under SMC Definition
- The banks, financial institutions, insurance companies and listed companies cannot be classified as SMCs.
- Any company which is either the holding company or subsidiary of a company that is not an SMC cannot be classified as an SMC.
What are the exemptions available to SMCs that are not available to other firms?
- The SMCs are completely exempted from having to file cash flow statements and provide a segmental break up of their financial performance in mandatory filings.
- The SMCs can also avail partial reporting exemptions in areas including reporting on employee benefits obligations such as pensions.
- The SMCs are exempted from having to provide a detailed analysis of benefit obligations to employees.
- The SMCs are still required to provide actuarial assumptions used in valuing the company’s obligations to employees.
- The SMCs are exempted from having to report diluted earnings per share in their filings.
- The diluted earnings per share reflect the per share earnings of a company assuming that all options to convert other securities into shares are exercised.
- The SMCs are allowed to provide an estimated value in use of assets carried on their balance sheets, and are not required to use present value techniques to arrive at the value in use of assets.
- The value in use of an asset is the present value of future cash flows arising from the continuous use of an asset and from its disposal at the end of its useful life.
- Any SMC which opts to avail of any of the exemptions available to them under the Companies Accounting Rules is required to disclose those which it has utilised in its mandatory filings.
Implications of changes in threshold of SMCs
- It would promote ease of doing business for the firms that would now be included under the definition of SMC.
- The Accounting Standards for SMC, which were notified in December 2006 and amended from time to time, are much simpler as compared to Indian Accounting Standards (Ind AS).
- These accounting standards involve less complexity in its application, including the number of required disclosures being less onerous
- Ind AS standards are applied to larger firms, and are largely similar to International Financial Reporting Standards (IFRS) used in most developed jurisdictions.
Agni Prime Missile
Recently, the Defence Research & Development Organization (DRDO) has successfully test-fired Agni Prime missile from a defence base off Odisha coast.
Agni Prime Missile
- It is a new generation advanced variant of the Agni class of missiles.
- It is a surface-to-surface ballistic missile.
- It is a next-generation, nuclear-capable weapon made fully of a composite material.
- It is a canisterised missile with range of 1,000-2,000 kilometres.
- It has been designed and developed by the Defence Research and Development Organisation (DRDO).
- It can carry a payload of around 1,000 kg or a nuclear warhead.
- It is a double stage missile which is lighter and much sleeker than its predecessor Agni-1.
- The ballistic missile weighs 50% less than Agni 3 and has new guidance and a new generation of propulsion.
- It can be launched from rail and road and stored for a longer period and transported all across the country as per operational requirements.
AGNI Missile
- The Agni series of ballistic missiles is being developed under the Integrated Guided Missile Development Programme of the DRDO.
- The Agni missile family consists of three deployed variants.
- The Agni-I, Agni-II and Agni-III are in service with the Indian Army.
- The Agni-I is a short or intermediate-range ballistic missile.
- The Agni-II is a medium-range ballistic missile equipped with two solid fuel stages.
- The Agni-III is a two-stage ballistic missile which can support a series of warhead configurations and a total payload of 2,490kg for a range of 4,500km.
- The Agni-IV is a two-stage nuclear-capable intermediate range ballistic missile.
- The Agni-V is an Indian nuclear-capable intercontinental ballistic missile.
India: Tier 3 Cyberpower
Recently, the International Institute for Strategic Studies (IISS) has released a report that has done a qualitative assessment of cyber power in 15 countries.
Key Highlights
- The country’s cyber capabilities have been assessed in seven categories:
- Strategy and doctrine;
- Governance, command and control;
- Core cyber-intelligence capability;
- Cyber empowerment and dependence;
- Cyber security and resilience;
- Global leadership in cyberspace affairs; and
- Offensive cyber capability
- The US is the only country in the first tier, for its world-leading strengths across “all” categories.
- In the second tier, with world-leading strengths in “some” categories are Australia, Canada, China, France, Israel, Russia and the United Kingdom.
- India has been put in the third tier meant for countries that have strengths or potential strengths in some of these categories but “significant weaknesses” in others.
- The other countries in third tier are Japan, Iran, Indonesia, Vietnam, Malaysia and North Korea.
- The countries covered in this report are:
- US, United Kingdom, Canada and Australia (four of the Five Eyes intelligence allies);
- France and Israel (the two most cyber-capable partners of the Five Eyes states);
- Japan (also an ally of the Five Eyes states, but less capable in the security dimensions of cyberspace, despite its formidable economic power);
- China, Russia, Iran and North Korea (the principal states posing a cyber-threat to Western interests); and
- India, Indonesia, Malaysia and Vietnam (four countries at earlier stages in their cyber-power development)
Reasons for India in Tier 3 Cyberpower list
- The military confrontation with China in the disputed Ladakh border area in 2020, followed by a sharp increase in Chinese activity against Indian networks, has heightened Indian concerns about cyber security.
- India has made only “modest progress” in developing its policy and doctrine for cyberspace security despite the geo-strategic instability of its region and a keen awareness of the cyber threat it faces.
- India has some cyber-intelligence and offensive cyber capabilities but they are regionally focused, principally on Pakistan.
- It is currently aiming to compensate for its weaknesses by building new capability with the help of key international partners and by looking to concerted international action to develop norms of restraint.
- India’s approach towards institutional reform of cyber governance has been “slow and incremental”.
- India has a good regional cyber-intelligence reach but relies on partners for wider insight.
Recommendations for India to be Tier 2 Cyberpower
- It highlighted that the strengths of the Indian digital economy include a vibrant start-up culture and a very large talent pool.
- India needs to harness its great digital-industrial potential and adopt a whole-of-society approach to improving its cyber security.
- The “leapfrog opportunities” for governments to be more effective in cyberpower is “how they align themselves with other governments.”
Nuclear Site Images won’t be given to IAEA
Recently, the speaker of Iran's parliament had said that Tehran will never hand over images from inside of some Iranian nuclear sites to the International Atomic Energy Agency (IAEA) as a monitoring agreement with the agency had expired.
Key Highlights
- The IAEA and Tehran struck the three-month monitoring agreement in February 2021 to cushion the blow of Iran reducing its cooperation with the agency.
- The agreement allowed monitoring of some activities that would otherwise have been axed to continue.
- Tehran’s assertion comes as Iran, the US and other world powers concluded a sixth round of negotiations in Vienna to revive the nuclear deal that former US president Donald Trump exited three years ago before re-imposing sanctions.
Sharing of Nuclear Sites under IAEA Norms
- Investigating site characteristics to ensure safety
- The safety of nuclear installations against the characteristics of a site is derived through careful investigation.
- The basic information on site characteristics is necessary when screening less preferred sites and selecting the most appropriate site.
- IAEA training and review services to assist Member States
- The IAEA assists its Member States in applying the Agency’s Safety Standards on siting through safety review services, training and workshops.
- It offers the Site and External Events Design Review Service (SEED), during which a review team visits the location of a planned site and provides recommendations in light of the Agency’s Safety Standards.
- The IAEA notes four main processes for the implementation of safeguards.
- Collection and evaluation of safeguards-relevant information: The IAEA collects safeguards-relevant information to determine if a state’s declarations about its nuclear program are correct.
- Development of a safeguards approach for a state: A safeguards approach indicates which safeguards measures are needed to verify a state’s declarations.
- Planning, conducting and evaluating safeguards activities: The IAEA then develops a plan to conduct the safeguards activities based on the safeguards approach and identifies areas that may need to be followed up.
- Drawing of a safeguards conclusion: Upon completing the safeguards implementation cycle, the IAEA issues safeguards conclusions, which provide credible assurances to the international community that states are abiding by safeguards commitments.
International Atomic Energy Agency (IAEA)
- It is the world's central intergovernmental forum for scientific and technical co-operation in the nuclear field.
- It works for the safe, secure and peaceful uses of nuclear science and technology, contributing to international peace and security and the United Nations' Sustainable Development Goals.
- It was approved on 23 October 1956 by the Conference on the Statute of the International Atomic Energy Agency.
- It was set up as the world’s “Atoms for Peace” organization within the United Nations family.
Article 371 for Jammu & Kashmir
Recently, an idea floated by a former Deputy Chief Minister of Jammu & Kashmir that certain exclusive rights can be conferred on J&K citizens by amending Article 371.
Article 371 of the Indian Constitution
- The Articles 371 to 371-J in Part XXI of the constitution contain special provisions for twelve states.
- It includes Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka.
- It falls under PART XXI titled 'Temporary, Transitional and Special Provisions' of the Indian Constitution.
- Its objective is to meet the aspirations of the people of backward regions of the states or to protect the cultural and economic interests of the tribal people of the states.
- It aims to deal with the disturbed law and order condition in some parts of the states or to protect the interests of the local people of the states.
Significance of Article 371 for Jammu & Kashmir
- Under Article 371, the Constitution provides special provisions for all the hill states with domicile rights, similar to that enjoyed under Article 35A in J&K.
- The union government has moved a proposal to the Law Department of J&K Union Territory (UT) for its feedback on granting Article 371 as compensation for the revocation of Article 370, which granted special status to J&K.
- The similar treatment should be given to the people of J&K, a region that also has the special ethnic and historical character that northeastern states do.
Why Creation of Two UTs is legally challengeable?
- Article 3 of the Constitution does not provide for creating a Union Territory of an entire state but for carving out an UT out of one or more states.
- There can be no Bill providing for increasing or diminishing the area of the state of J&K or altering the name or boundary of that state, without the consent of the state legislature.
Article 370
- It was included in the Constitution on October 17, 1949.
- It exempts J&K from the Indian Constitution (except Article 1 and Article 370 itself) and permits the state to draft its own Constitution.
- It restricts Parliament’s legislative powers in respect of J&K.
- The “consultation” with the state government is needed for extending a central law on subjects included in the Instrument of Accession (IoA).
Article 35A
- It stems from Article 370, having been introduced through a Presidential Order in 1954.
- Article 35A is unique in the sense that it does not appear in the main body of the Constitution.
- It empowers the J&K legislature to define the state’s permanent residents and their special rights and privileges.
Bankim Chandra Chatterjee
Recently, the Prime Minister Shri Narendra Modi had paid homage to Rishi Bankim Chandra Chattopadhyay on his birth anniversary.
Bankim Chandra Chatterjee
- He was born to Yadav Chandra Chattopadhyay and Durgadevi in an orthodox Bengali Brahmin family in Naihati in West Bengal.
- He was the first person to hail Rabindranath Tagore as Viswakavi (Universal Poet).
- He served as the Deputy Collector of Jessore before taking up the post of Deputy Magistrate.
- He was one of the first two graduates from the University of Calcutta.
Freedom Struggle Contributions
- Durgeshnandini (1865) and Kapalkundala (1866) were his first two novels which were well-acclaimed and translated into other languages.
- He founded Bangadarshan which was a monthly Bengali literary magazine started in April 1972.
- He wrote the novel Anandamath which was published in 1882 and it has Vande Mataram.
- He penned the Indian national song way before he authored Anandamath which was a political novel which depicts a Sanyasi army standing up to the East India Company.
- His famous novels include Mrinalini (1869), Vishbriksha (1873), Chandrasekhar (1877), Rajani (1877), Rajsimha (1881), and Devi Chaudhurani (1884).
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