“In this world of strife… Nation-States would have to create consensus for the cyber domain through global enforcement mechanisms, to overcome threats of cross-border crimes, terror attacks & cyber warfare (& to repair the broken windows in cyberspace)”

– N. S. Nappinai, The Hindu (July 13, 2017)

CYBER LAWS

Ms. Nappinai has represented in several cases pertaining to cyber laws including as Amicus Curiae before the Supreme Court. She recently successfully represented the Government of Kerala before the Kerala High Court in a seminal case pertaining to data protection.

Ms. Nappinai has represented in and handled several Civil and Criminal litigations, for International and Indian Corporates, businesses and individuals, pertaining to:

◦ Financial Frauds cases;
◦ Data Theft cases;
◦ Hacking & data breach cases;
◦ Software & IP Protection cases;
◦ Intermediary liability cases;
◦ Corporate criminal / White collar offences including cybercrimes;
◦ Cases relating to Forgery of electronic records;
◦ Phishing attacks and other cheating online / impersonation cases;
◦ Cheating and impersonation online cases;
◦ Compulsory reporting and proceedings pursuant thereto;

Ms. Nappinai represents in Arbitrations and lends her expertise inter alia in the acceptance and appreciation of electronic evidence.

She has guided Law Enforcement Agencies pan India in the interpretation of intermediary liability under Section 79 of the Information Technology Act, 2000 (as amended).

Ms. Nappinai lent her expertise in law pertaining to cybercrimes to Maharashtra Cyber police in their huge initiative against Child porn offenders, which resulted in registration of several hundred FIRs. She has advised and assisted pro bono in several policy issues and investigations for Maharashtra – Cyber.

Ms. Nappinai has advised several leading banks on financial frauds, cyber – squatting and cyber impersonation cases.

She pioneered the evolution of cybercrime investigations into international scams using respectable institutions and forged Government letterheads. Ms. Nappinai pioneered the protection against misuse of Trademarks not just through deceptive domain names but also in meta tags and deep linking.

Her earliest cases involved software licensing breaches and enforcement against violators. She has handled and advised on copyright protection online for movie production houses and music industry.

Advisory / Opinions

Ms. Nappinai lends her expertise in the field of cyber laws for submitting opinions on intrinsic and complex cyber legal issues. She has assisted several Companies including Government Companies, authorities and Information Utilities in resolving issues pertaining to:

• Encryption & Data Transfers;
• Data protection policies and requirements for Corporates;
• RBI policies & its implications on Digital transactions;
• Points of Sale & Deciding Jurisdiction for digital payments;
• Regulatory compliances for Credit / Debit card payments including on interpretation of RBI circulars & advisories;
• Electronic signatures & Legalities;
• Enterprise Software Licensing & Implications;
• Internet Transmissions and Copyright protection;
• Intermediary liability & Indian laws;
• Patent rights & data theft;
• Pharmaceutical Proprietary rights including for Trade secrets & Employee Confidentiality & Exit breaches;
• Privacy and Corporate Policies for preventing Employee data breaches;
• Cloud storage & legal implications;
• Implications of international case laws on Indian enforcements;
• “Digital lockers” and Indian legal perspectives;
• “Apps” & legal implications;
• Websites & portals – legalities & Policies;
• Blockchain – evaluating white papers and proposed business structures from Indian legal perspectives;
• Cryptocurrencies, ICOs & Crypto-Funds – opinions on India perspective and Legal implications;
• Opinions for prosecuting financial frauds, online scams and ponzi schemes;

Transactions / Agreements

Ms. Nappinai represents international and national corporates, educational institutions and other entities in preparation, vetting and closure of various Technology Agreements, primarily in the software development and entertainment domain and educational institutions. Agreements and transactions handled include:

◦ Master Service Agreements;
◦ Master Software Licensing Agreements / Master Vendor Agreements;
◦ Software Vendor Agreements / Software Licensing Agreements;
◦ Technology Transfers;
◦ IP Assignment Agreements;
◦ Software Development & Distribution Agreements;
◦ Licensing Agreements including for software, Gaming & Animation;
◦ Cloud Storage & Software as a Service Agreements;
◦ Software Development Agreements for specialized fields including for E-learning & educational institutions;
◦ Enterprise Software Development Agreements;

Startups

Ms. Nappinai has helped and mentored several startups and entrepreneurs in the field of technology in laws including with respect to Corporate laws, IPR and ICT laws. She has conducted awareness programs and training sessions for young entrepreneurs at premier management institutions in India.

Training & Capacity Building

Ms. N. S. Nappinai is a prolific writer and speaker who is much sought after for her sessions on cyber laws including cybercrimes, Electronic Evidence, Jurisdiction in cyberspace and IPR protection. She addresses sessions regularly for judges at the National Judicial Academy and other State Academies and for police at the National Police Academy and other State police academies. Ms. Nappinai has addressed sessions for Armed forces, intelligence agencies, CBI and other law enforcement agencies and for Government Authorities on the above topics of cyber laws and IPR. (“Presentations”)

Articles

Some of her published articles on cyber laws are listed hereunder:

• “Too Early for Revelry for Crypto Enthusiasts”, N. S. Nappinai (2020) – Published by CNBC TV 18;
(https://www.cnbctv18.com/legal/too-early-for-revelry-for-crypto-enthusiasts-5495701.htm);
• “Rethinking Social Media – Through The Prism Of Freedoms, Liberties & Democracy”, N. S. Nappinai (2020) – Published in the Festschrift Book for Nani Palkivala titled “Essays & Reminiscences”. Published by LexisNexis;
• “Liberty, Democracy and Social Media, Nappinai NS in DemocraShe”- She The People- 2019; (https://www.shethepeople.tv/top-stories/issues/liberty-democracy-and-social-media-nappinai-ns-in-democrashe);
• “Software Piracy” – Manual for Judicial Training – Authored by N. S. Nappinai – 2016;
• “Electronic Evidence – The Great Indian Quagmire” – Supreme Court Cases – 2019 ((2019) 3 SCC J-41);
• “The RBI’s data-related provisions through FAQs appear faulty” – Hindustan Times -2019 (https://www.hindustantimes.com/analysis/the-rbi-s-data-related-provisions-through-faqs-appear-suspect/story-7f0nINnChr8mrfJdjbFEyO.html);
• “India’s data protection law: Strengthen rules but also follow through to the last mile” – Hindustan Times – 2018; (https://www.hindustantimes.com/analysis/india-s-data-protection-law-strengthen-rules-but-also-follow-through-to-the-last-mile/story-OL3UbLd78dyN4psWa5S0nL.html);
• “Rocking the Central Bank” – DNA – 2018; (https://www.dnaindia.com/analysis/column-rocking-the-central-bank-2680325);
• “US flexes its Cyber Muscles” – DNA – 2018; (https://www.dnaindia.com/analysis/column-us-flexes-cyber-muscles-2676092);
• “Tackling Women’s Freedom and Unfreedom online- through law and Technology”- IT For Change – 2018;
• “Bitcoins and the cryptocurrency conundrum; Budget tries to provide an answer but falls short of definitive stand”- The Times of India – 2018; (https://blogs.timesofindia.indiatimes.com/toi-edit-page/bitcoins-and-the-cryptocurrency-conundrum-budget-tries-to-provide-an-answer-but-falls-short-of-definitive-stand/);
• “Understanding hacking from a legal point of view”- The Livemint- 2017
(http://www.livemint.com/Technology/niYSp2AfvmF0EKHfzwpIwN/Understanding-hacking-from-a-legal-point-of-view.html);
• “Cyber Laws Part I: How internet has become a crime scene” – The Economic Times – 2017 (https://economictimes.indiatimes.com/tech/internet/no-one-is-safe-how-internet-has-become-a-playground-for-cyber-criminals/articleshow/61418856.cms);
• “Cyber Laws Part II: A guide for victims of cybercrime” – The Economic Times – 2017 (https://economictimes.indiatimes.com/tech/internet/do-you-know-how-to-report-a-cyber-crime-heres-a-guide-for-victims/articleshow/61464084.cms);
• “Dark Side of IoT” – Computer Law Review International (CRi), Europe – 2017 (https://www.degruyter.com/view/j/cri.2017.18.issue-2/cri-2017-0204/cri-2017-0204.xml);
• “India Stirred & Shaken” – On Demonetization & Perils of Digital Currencies – 2016 (https://thewire.in/85975/india-digital-payment/);
• “Privacy as a Fundamental Right – In Grave Peril” – The Wire – 2015 (http://thewire.in/2015/10/07/our-fundamental-right-to-privacy-is-in-grave-peril-12571/);
• “Not just about Porn – Its About Government Acting Responsibly” – Times of India – 2015 (http://timesofindia.indiatimes.com/india/Not-just-about-porn-its-about-govt-acting-responsibly-in-applying-laws/articleshow/48352622.cms);
• “Gross Misuse of the IT Act” – The Wire – 2015 (http://thewire.in/2015/07/14/mumbai-polices-gross-misuse-of-the-it-act/);
• “Regulate – do not Restrict” – Article on Net Neutrality – The Economic Times – 2015; (http://epaperbeta.timesofindia.com//Article.aspx?eid=31815&articlexml=NET-NEUTRALITY-Regulate-Not-Restrict-05052015016042#);
• “Cybercrime Law in India: Has Law kept pace with emerging trends? An Empirical Study”- Hein Online- 2010 (https://heinonline.org/HOL/LandingPage?handle=hein.journals/jcolate5&div=5&id=&page=)
• “Decrypting Encryption Laws of India” – International Association of IT Lawyers – 2010;
• “Information Technology Amendments – Overview” – Manupatra Newsline – 2009;
• “Data Theft – A Persisting Corporate Nemesis” – Manupatra Newsline – 2008;
• “Trademarks – A Virtual Reality”: Bombay Chamber of Commerce – 2008;
• “Data Protection & Privacy – The Indian Paradigm”: published in English & Japanese on the Website e-chishiki.com & in the Japanese publication “Rainbow Bridge” – 2008;
• “Data Protection & the (Indian) Information Technology Act” – published in the World Internet Law Reporter;
• “Is theft a Crime?” – an article on data theft under Indian Cyber Law, published in the Economic Times (a leading Indian Financial Newspaper);