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Q 1:

a. As per the conditions of use of Amazon.com Mr. Patil can invoke


Arbitration / sue Amazon.com under Federal Arbitration Act, applicable
federal law, and the laws of the state of Washington, without regard to
principles of conflict of laws, which will govern the Conditions of Use and
any dispute of any sort that might arise between the Parties.

b. As per ebay.com User Agreement “eBay is a marketplace that allows users


to offer, sell and buy just about anything in a variety of pricing formats and
locations. The actual contract for sale is directly between the seller and
buyer.” Here the dispute is between the Buyer and the Seller. Also the said
agreement states that “Utah Code Annotated § 70A-2-401(2) and Uniform
Commercial Code § 2-401(2) apply to the transfer of ownership between the
buyer and the seller, unless the buyer and the seller agree otherwise.”
Hence Mr. Patil may sue that Chinese company in Utah, USA.

c. In the first case the applicable source of law will be laws of the state of
Washington,

In the second case the applicable source of law will be Utah Code Annotated
§ 70A-2-401(2) and Uniform Commercial Code § 2-401(2)

Q 2:

As per s. 3 of the Information Technology (Intermediaries guidelines) Rules,


2011 the Mr. Ahmed shall observe following due diligence while discharging his
duties as intermediary: —

A. shall publish the rules and regulations, privacy policy and user
agreement for access-or usage of the intermediary's computer resource.

B. shall inform the users of computer resource not to host, display, upload,
modify, publish, transmit, update or share any information that
described in U/s. 3 (2) of the Rule.

C. shall not knowingly host or publish any information or shall not initiate
the transmission, select the receiver of transmission, and select or
modify the information contained in the transmission as specified in sub-
rule 3 (2).
D. shall report cyber security incidents and also share cyber security
incidents related information with the Indian Computer Emergency
Response Team.

E. shall appoint Grievance Officer.

F. shall take all reasonable measures to secure its computer resource and
information as prescribed in the Information Technology (Reasonable
security practices and procedures and sensitive personal Information)
Rules, 2011.

G. shall inform its users that in case of non-compliance with rules and
regulations, user agreement and privacy policy, the Intermediary has the
right to immediately terminate the usage rights of the users.

H. upon obtaining knowledge by itself or been brought to actual knowledge


by an affected person in writing or through email signed with electronic
signature about any such information as mentioned in sub-rule 3 (2),
shall act within thirty six hours and where applicable, work with user or
owner of such information to disable such information that is in
contravention of sub-rule 3 (2). He shall also preserve such information
and associated records for at least ninety days for investigation
purposes.

By doing such due diligence Mr. Ahmed shall not be held liable U/s 79 of IT
Act.

Q 3:

Yes.

In case of utmost emergency the following can happen U/s 9 of Information


Technology (Procedure and Safeguards for Blocking for Access of Information
by Public) Rules, 2009.

As the matter is within the purview of s. 69 of the IT Act, Mr. Nihalni may after
examining the request, submit the request with specific recommendations in
writing to Secretary, Department of Information Technology. The Secretary,
Department of Information Technology may issue direction for blocking to such
person or intermediary in control of such computer resource hosting such
information or part thereof.
Q 4:

No.

The Hon’ble Supreme Court in the matter of Shreya Singhal Vs. Union of India
held that the provisions of Information Technology (Intermediary Guidelines)
Rules, 2011 are valid subject the condition that actual knowledge by the
intermediary is received from a court order or on being notified by the
appropriate government or its agency. Notification by third party or affected
party, or the self-acquired knowledge of the intermediary will not be sufficient
to take content down.

Q 5:

As per the Information Technology (Reasonable security practices and


procedures and sensitive personal data or information) Rules, 2011,
“Biometrics" means the technologies that measure and analyse human body
characteristics, such as 'fingerprints', 'eye retinas and irises', 'voice patterns',
"facial patterns', 'hand measurements' and 'DNA' for authentication purposes
and is considered as Sensitive Personal Data.

As per the aforesaid rule, the Company A should take following measures in
order to collect such Sensitive Personal Data:

a. shall provide a privacy policy for handling of or dealing in such sensitive


personal data or information and ensure that the same are available for
view by such providers of information who has provided such
information under lawful contract. Such policy shall be published on
website of body corporate or any person on its behalf and shall provide
for the type of data collection, purpose of collection, security practice
implemented.

b. Shall obtain consent in writing through letter or Fax or email from the
provider of the sensitive personal data or information regarding purpose
of usage before collection of such information.

c.

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