Adv (Dr.) Prashant Mali [MSc, LLB, LLM, Ph.D.]

How you can stay safe from rising ATM frauds :-
linkedin
May 02, 2019

Avoid using the ATM in the desolated and secluded areas. If you find anything suspicious then it is better to leave the site.

Call Details in a CDR cannot prove Location of a Criminal - Setback Case Law
linkedin
December 07, 2018

A very important landmark judgement impairing investigations of police & LEA's has been pronounced. The Punjab and Haryana High Court has held that the ‘movement of SIM card’ will not necessarily indicate the movement of Mobile phone holder person along with it. This also affirms my teachings from last 6-7 years to LEA's and Judges that CDR is not a conclusive proof and only should be relied on with when corroborative evidence is present. CDR or Call Data Record or Call Detail Record, has been a major tool for the investigating agencies to establish the presence of an accused at the scene of crime. It means that call details, in the absence of corroborative and other evidence, cannot be the sole ground to secure conviction.

How will the GDPR impact Indian organization’s ?
linkedin
May 22, 2018

The current EU Data Protection Directive primarily affects organisations established in Europe that control personal data (Data Controllers). However, it also has some effect on Data Controllers who are in India. For example, if a non-EU Data Controller uses equipment within Europe for the processing of personal data ....

Cyber and Law Foundation
Cyber & Law Foundation
March 30, 2005

Cyber & Law Foundation is an NGO working in the area of cyber and privacy space with a focus on policy, research, and awareness. Our trustees are the leading visionaries of the country in the cyberspace domain. Our flagship project, for now, is The TRINITY Project, where we aim to train Judges, Police and Prosecutors together to achieve better convictions in Cybercrime, matters. We also are involved in e-governance and cyber security policy advocacy internationally. We conduct research on cyber and privacy-related issues that affect all the elements of society, we aim to develop cyber security and privacy culture among citizens of the world.

CYBER LAW & CYBER CRIMES SIMPLIFIED
Cyber Infomedia
January 01, 2017

The book Cyber law & Cyber Crimes simplified by Adv. Prashant Mali is the highest-selling book on amazon. this is meant for the common man with cyber and mobile issues to understand the nitty grittes of law in a simple and lucid manner along with illustrations and examples
contains coverage on Data Theft, Hacking, pornography, ransomeware, credit card frauds, software piracy, DDoS like cyber crimes and remedies.

Cyber Law & Cyber Crimes- Information Technology Act, 2000 with IT Rules, 2011
Snow White Publication
January 01, 2012

The book Cyber law & Cyber Crimes- Information Technology Act, 2000 with IT Rules, 2011 by Adv. Prashant Mali contains exhaustive coverage on Data Theft, Hacking, E-Commerce, E-Taxation, E-Contracts, Software Piracy, Cloud Computing, IPR in Cyber World, Electronic Evidence, Forensics Evidence, Forensics & Investigation, Reasonable Security Practices & Case Laws. This book is a official reference book for Bachelors in Engineering (computer engg), LLB and PG in Cyber Law courses of Mumbai University

Artificial Intelligence (AI) And Copyright Law: Analysis Of Issues In International IP Laws
Indian Journal of Law and Legal Research,
June 11, 2024

The use of artificial intelligence (AI) in recent years has been largely associated with automated decision-making intended to make such process more effective and efficient. Artificial intelligence is now capable of generating and assisting in the production of original works of literary and artistic nature. For example, AI recreated Dutch painter Rembrandt van Rijn’s painting style accurately to create the Next Rembrandt which resembles the Rembrandt original, with the use of deep learning and facial recognition techniques.1 It is clear that while advancements in AI technology are happening at a lightning speed, law – especially copyright law in respect of AI-generated/assisted or Generative AI (GenAI) literary and artistic works, needs some catching up to do. There exists a ‘grey area’ in copyright law with regard to its application in respect of AI-generated works. At the outset, there exists a debate on whether AI-generated works could be afforded copyright protection in the first place, and whether they belong to the public domain or not. There are questions over the originality of AI-generated works, and their ownership and authorship. Copyright law’s emphasis on ‘human authorship’ further complicates the matter, because AI does not fall into the category of ‘person’ within the ambit of copyright law.


Hence, this paper aims to analyse the issues arising out of the application of copyright law on AI-generated works, in the Indian as well as international context – and suggest feasible solutions to resolve such issues.

GDPR Articles With Commentary & EU Case Laws
Cyber Infomedia
April 02, 2019

This book deals with the practical implementation of the European Union’s General Data Protection Regulation (GDPR) Articles with commentary, analytical provisions, case laws, and checklist etc. Application scope of every article, organisational and material requirements for data protection are fairly explained so to have easy understanding and accessibility to any student, auditor, lawyer, DPO or other professionals as and when needed.

Cyber Law Academy
Cyber Law Academy
April 27, 2022

I have founded an online and offline education and training institution Cyber Law Academy. This would be one of its kind focussed only imparting education, training and content related to on Tech-Laws across the world in various languages .

Cyber Law Consulting (Advocates & Attorneys)
Prashant Mali
January 01, 2002

Cyber Law Consulting is a leading technology law firm and was founded by me in 2002. This caters to Forbes 100 companies and governmental organisations in a niche cyberspace & data protection segment

Data Protection Law Influential Leader
tranformance
November 24, 2023

Awarded as Data Protection Law Influential Leader at the Chief Data Officers conference and awards by transformance. This award was awarded recognizing my thought leadership in framing a framework of Data Protection Law in the country and handling real-life landmark Privacy and data breach cases

Best Cyber and Privacy Lawyer 2022
Newsmakers Achievers Awards NBC Awards
May 01, 2022

Best Cyber and Privacy Lawyer 2022 was awarded in 14th Newsmakers Achievers Award along with the police commissioner and mayor of Mumbai City. This was awarded recognising my two decades of work in the field of cyber and privacy law

National Cyber Defence Award
Suryadutta Institutes
September 01, 2019

Advocate Prashant Mali, Cybersecurity expert was given National Cyber defence Award by the hands of Lt. Gen Shekatkar for his outstanding contributions in the field of Cyber defence and cyberwarfare

Chevening India Cybersecurity Fellowship
UK State Department
January 06, 2016

Chevening India Cyber Security Fellowship. The Chevening India Cyber Security Fellowship is aimed at mid-career professionals with demonstrable leadership potential in the field of cybersecurity or cyber policy in India. The fellowship is funded by the Foreign & Commonwealth Office. conducted at the Cranfield University campus inside of Defence Academy of UK

Cyber law and Cybersecurity Lawyer of the year 2014
Indian National Bar Association
December 01, 2014

Adv. Prashant Mali only distinguished Cyber Security & Cyber Law Expert and A High Court Lawyer in the country to have Masters in Computer Science and Masters in Law with Certification in Computer Forensics & Information Systems Security Auditing with prior working experience in the field of Software, Networking & IT Security. He currently handles Landmark court cases in the History of The IT Act, 2000 and is a coveted Legal counsel for Electronic evidence, IT Act, 2000, IPR, Data Privacy, Frauds or Economic offences related arguments. He has more than 20 Yrs. of all-round IT & Law (Litigation &Consulting). He is the president of a law firm called Cyber Law Consulting based out of Mumbai.“Cyber Law & Cyber Security Lawyer of the year: 2014” award presented to Adv. Prashant Mali, Cyber & Security Law expert by Ms. Meenakshi Lekhi, Member of Parliament and National Spokesperson, Bharatiya Janta Party at INBA 65th National Law Day.

Privacy is a cultural issue in India: Can it be handled only by enacting a data protection law
International Journal of Law
December 13, 2021

The scope of privacy within a regulatory framework is a tension between privacy's determination as a societal value and its scope under a regulatory regime. A lot of the work on privacy is focused on people's psychological and socio-psychological perspectives. So far, cultural variables influencing privacy have received little attention. As this paper will demonstrate in the context of the culture of privacy in a varied society like India, which has traditionally and culturally been implicitly at odds
with privacy, cultural effect on privacy is an important factor to consider. This paper examines privacy as a construct through
the viewpoint of a cultural phenomenon and the several forms it might take. It discusses the evolution of privacy in the Indian cultural context and aims to address one key question: Is India's culture a barrier to privacy, and can enacting a Data Protection law fix the problem?

ELECTRONIC EVIDENCE UNDERSTANDING THROUGH CASE LAWS in India
Rostrums Law Review
October 10, 2021

The use of electronic media for all purposes, legal and illegal has grown exponentially over the last decade. The situation is such that all legal tussles in the world today have some electronic data element involved. In many cases, electronic evidence is the best evidence available. Hence, it becomes crucial that such evidence is verified properly to make it reliable before the Courts of law. To add to the mix, electronic evidence is naturally very volatile. This makes its authenticity highly questionable since a lot of time passes between discovery and production before the court which makes it difficult to often press certain charges against the accused which would otherwise be straightforward.

This article examines the provisions relating to electronic evidence and its admissibility in Courts in India via case law. It also deals with the intricacies of electronic evidence, mandatory certification compliance and appreciation of electronic evidence.

Consent in privacy laws: Analysis of India’s PDPB, ECPA of USA and GDPR of EU
International Journal of Law
March 25, 2021

Consent refers to an affirmative action on the part of the individuals indicating their agreement to the use of their personal data by the collectors or processors for the purpose of processing. Consent has been viewed as an expression of a person‘s autonomy or control, which has the consequence of allowing another person to legally disclaim liability for acts, which have been consented to. Consent has many connotations in various privacy laws, somewhere it tows the line of prevailing international laws and in some laws it gets localized, but largely consent remains individuals’ will to share his / her data. This paper analysis the established privacy laws i.e. EU’s GDPR and ECPA of USA with long awaited India’s proposed Personal Data Protection Bill. The author has been involved in various government consultations on PDPB since 2006.

ANALYSIS OF SECTION 66E (Violation of Privacy in India) OF THE INFORMATION TECHNOLOGY ACT,2000
INTERNATIONAL JOURNAL OF INNOVATIVE RESEARCH IN TECHNOLOGY IJIRT
February 27, 2021

his paper includes the gender-neutral approach of Section 66E, the application of this section, the explanations, and the kind of situations this section would be applicable in, a similar provision in the Protection of Children from Sexual Offences (herein after referred to as POCSO) Act, 2012 and the shortcomings of this section.

DATA LOCALIZATION AND DATA PORTABILITY ANALYSED WITH INDIAN PDPB & GDPR (PRIVACY LAW)
International Journal of Creative Research Thoughts (IJCRT)
February 24, 2021

In the past five years’ Indian economy had witnessed a tremendous change with the introduction of ‘Digital India’ and increase in the use of digital economy post demonetization. Post Aadhar and privacy judgement (K.S. Puttaswamy and Anr Versus Union of India, 2017) in India, there was a need for the regularisation and a legal framework for data protection and its related aspects. It was in this context, that Justice B.N.Srikrishna Committee was set up to look into the issue of data privacy and protection. Based on the recommendations, the Parliament came out with the draft Personal Data Protection Bill,2018 on July 27, 2018. The bill came only a few weeks after the General Data Protection Act, 2018 enacted by European Union came into force. Given the fact that the scenarios and the history behind the enactment of both laws were different, there are similarities and dissimilarities. The paper will focus specifically on the aspect of data localisation and data portability with respect to both the laws. Keeping the two in mind, it will study whether the proposed legislation in India is disguised in nature with reference to the sovereign’s ultimate right over the data. It will also critically analyse GDPR’s stand on data localisation and its conflict with its member countries like Germany, France and Bulgaria.

Child Pornography and its Legal Framework in India
Cybernomics
May 19, 2020

Child Sexual Abuse (CSA) is a widespread problem not only in India but all over the world. Children have always been vulnerable to victimization. Today, an estimated 10 million children are using the internet. With so many children online predators can easily find and exploit them. For predators, the Internet is a new, effective, and more anonymous way to seek out and groom children for sexual activity. This paper talks about laws related to child pornography in India

Artificial Intelligence and Laws in India
Scholastic Seed Inc
December 30, 2019

Artificial intelligence, the definition from the OECD Principles: AI system: An AI system is a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. AI systems are designed to operate with varying levels of autonomy.

India needs Cyber Weapons and Policy
Cyber Nomics
November 30, 2019

Cyberweapons are stealth weapons. They don’t have the flash and bang of canons and missiles; they hit as in computer programs and are used to silently infiltrate individual machines and entire networks. They have the capacity to strike with great precision, shutting down critical infrastructure, confusing enemy signals, upending communications, and responding to and redirecting military attacks before they occur. Before India, ideally, the question is no longer: “Should we do this?” The question is now: “Can we do this?

What happens to Google-Facebook-Instagram-Twitter After Death
NATIONAL LAW SCHOOL JOURNAL
October 31, 2019

Man dies, but his online assets survive and, often, intestate. These digital assets by themselves may not have too much significance, but the data they hold is invaluable to the legal heirs, often mired in secrecy; man lives a secret life, and these online digital assets are privy to the same. The enormous digital assets a user creates during his or her lifetime result in a sizable amount of digital footprint posthumously. The consequence of all these cybernated dossiers is as unpredictable as the death itself, for there's no uniform practice of preservation, removal, and inheritance of these digital assets by the data handlers like social media platforms and other content hosting websites. Adding to this is the lack of proper definition and legal consensus as to what constitutes digital assets and how the deceased user's digital estate should be handled after his/her death. The objectives of this paper are to analyze the impact of death on digital assets and the association between unbequeathed online accounts and issues of identity theft and copyright violations of deceased user's accounts. This paper has adopted a doctrinal research method. The paper also broached the concerns about how these data should be managed in the best interests of legal heirs of the departed. The study shows that there's a lack of awareness among the netizens as to how to plan their digital estate while they are alive, and the personal laws of succession are also not drafted or revised foreseeing this new genre of assets.Man dies, but his online assets survive and, often, intestate. These digital assets by themselves may not have too much significance, but the data they hold is invaluable to the legal heirs, often mired in secrecy; man lives a secret life, and these online digital assets are privy to the same. The enormous digital assets a user creates during his or her lifetime result in a sizable amount of digital footprint posthumously. The consequence of all these cybernated dossiers is as unpredictable as the death itself, for there's no uniform practice of preservation, removal, and inheritance of these digital assets by the data handlers like social media platforms and other content hosting websites. Adding to this is the lack of proper definition and legal consensus as to what constitutes digital assets and how the deceased user's digital estate should be handled after his/her death. The objectives of this paper are to analyze the impact of death on digital assets and the association between unbequeathed online accounts and issues of identity theft and copyright violations of deceased user's accounts. This paper has adopted a doctrinal research method. The paper also broached the concerns about how these data should be managed in the best interests of legal heirs of the departed. The study shows that there's a lack of awareness among the netizens as to how to plan their digital estate while they are alive, and the personal laws of succession are also not drafted or revised foreseeing this new genre of assets.

Data Protection Laws and Compliance Requirements - Analysis of Laws from Europe, Singapore and India
Journal of emerging Technologies and innovative research
June 10, 2019

The modern era has become severely riddled with cyber-crimes, and other offenses related to identity theft and data protection have gained impetus in the passing years. Where on the one hand, data-related tasks have become indispensable for our day-to-day transactions, the integration of communications and transfer of data and online transactions has increased the risk of these incidents of crimes happening manifold as compared to the erstwhile offline work. Reacting to the need, several countries have enacted their own versions of their respective data protection regulations, with the aim of enforcing stringent compliance

Privacy Law: Right to be Forgotten in India
NLSIU LAW review
July 20, 2018

The “right to be forgotten” reflects the claim of an individual to have certain data deleted so that third persons can no longer trace them. The right to be forgotten was recognized for the first time in India through the judgment delivered by Karnataka High Court in the matter of Sri Vasunathan v. The Registrar-General in 2017. However, it has long been recognised in the EU jurisdiction. This article traces this development and discusses the legal implications of this right with the introduction of artificial intelligence. It finally concludes by discussing the right to be forgotten in India and how it has been merged with the right to privacy.

ANALYSING THE AWARENESS OF CYBER CRIME AND DESIGNING A RELEVANT FRAMEWORK WITH RESPECT TO CYBER WARFARE: AN EMPIRICAL STUDY
International Journal of Mechanical Engineering and Technology (IJMET)
February 01, 2018

Internet users are progressively getting themselves vulnerable to security dangers
amid their utilization of the internet. Therefore, the concern can be raised about users' awareness of these issues, and the degree to which they are thus secured and prepared
to manage situations they may experience. This paper has provided a survey of
contemporary thought on the challenges presented by cybercrime. It began by looking
at existing definitions of cybercrime and cyberwarfare and found two problems that
needed resolving. Firstly, it was found that there is no widely accepted definition of
either cybercrime or cyber warfare. This is problematic since, without an agreed
definition, it is dif icult to discuss the deeper issues or even recognize when cyber
warfare is occurring. It presents outcomes from the study of 325 users to evaluate
their view of security issues, their awareness and their dispositions towards the
utilization of related software. The findings uncover that in spite of the fact that there
is a high level of confidence at a surface level, with respondents asserting to know
about the dangers and using a large number of the important protections, more
thorough interpretation proposes that there are a few regions in which essential
information and comprehension are inadequate. Even though a large portion of the
issues was typically intense among fledgeling users, there was additionally
outstanding ignorance among users who viewed themselves to have propelled levels of
internet knowledge.

PRIVACY REGULATORY AND LEGAL FRAMEWORK IN INDIA
International Journal of Law and Policy Review
January 11, 2018

Privacy has been a sensitive question lurking over the head of Indian
administrators who have been equally reluctant and ignorant about
answering the same. The advent of Aadhaar Act in 2016 and
Government’s mandate of linking Aadhaar with PAN had mooted up
the issue of Privacy once again. Article 21 of the Constitution
provides privacy to the citizens but only to a limited extent, which was
put to question in several instances. The entire nation anticipates the
decision of the Aadhaar Case. The judgment in the case of Justice
Puttaswamy is famously known as the Privacy Case finally arrived on
24th August 2017, which will directly impact several cases of Aadhaar
pending before the Supreme court. Meanwhile, the Legislators have
kept a blind eye to the long-awaited Privacy Protection Bill of 2011.
While concern over Individuals Privacy continued to vacillate until
recently, the judgment has clarified situations to a large extent. Other
sectors such as banking and welfare have brought forth their own
rules to regulate Privacy concern. The article discusses the present
the legal situation of Privacy under various legislations, the impact of
recent privacy judgment in India and analyses whether the current
regulations created by various authorities such as SEBI, RBI, IRDAI
have something substantial to offer or are just there to mellow down
the daunting public.

Defining Cyber Weapon in Context of Technology and Law
International Journal of Cyber Warfare and Terrorism (IJCWT)
January 01, 2018

This article describes how the interconnected world of today, or the cyber space so often called, is easily accessible through a wide array of devices and has an impact and reach beyond geo-political boundaries Owing to high levels of connectivity and the nature of E-governance activities today, the cyber space is rapidly becoming a potential global battlefield for cyber warfare among various state and non-state entities. An effective cyber weapon in this space is like an indicator of cyber power, its nature being offensive or defensive. Parameters of effectiveness and reliability range from the type of developer of the weapon, whether state or non-state to its longevity in time and technology and others like possibility of an economic implementation along with the scope of its usage. This article is aimed at analyzing existing definitions, opinions and notions about cyber weapons and defining the term cyber weapon from a techno-legal perspective, which could be universally acceptable and have characteristics of enforceability across all domains: civil, criminal & defense applications.

AI and Cybersecurity
Economic Times
June 27, 2024

I will be speaking as a keynote on AI and cybersecurity in one of the Indias biggest cybersecurity conference

AI and Regulations in India
ISACA Mumbai Chapter Annual Conference
June 22, 2024

I will be speaking as a keynote on AI and Regulations in the annual conference of ISACA Mumbai chapter

Tackling Legal Challenges in Al- enabled Cybersecurity Landscape
IDC Foundary
May 17, 2024

my keynote speech at IDG annual symposium of CISO at Jaipur, India on Tackling Legal Challenges in Al- enabled Cybersecurity
Landscape

Generative Al and its Impact on User Privacy
International Association of Privacy Professionals (IAPP) Mumbai Chapter
April 05, 2024

My keynote speech at The IAPP Mumbai Chapter on Generative Al and its Impact on User Privacy

Regulating and Governing OTT's, Web Series and Online Games
Limitless
May 14, 2019

Prashant Malis Keynote speech at Mumbai in a conference co-organised by CINTAA and Limitless. He Spoke on Laws and Regulations required for OTT's, Web Series and Online Games. He also spoke on laws for content creators and the position of IPR i.e. copyright in film, TV & Web series industry

IBA Secure Banking in a Digital Era
Indian Banking Association
September 15, 2018

I spoke about the increased responsibilities towards cybersecurity of CISO in banks. How CISO can quickly become part of international investigations if there banking network is compromised. This opening address keynote was before 300 CISO's of Banks as this conference was organised by Indian Banking Association which is the Apex organisation of Bankers

Navigating Legal Boundaries in Digital Security: Your Rights and Responsibilities
Moneylife Magazine
October 19, 2023

money life magazine interview with Adv Prashant Mali, renowned International Cyber & Privacy Lawyer, takes the time to explain the importance of cybersecurity and one’s legal rights and responsibilities in matters of digital security.

Advocate Prashant Mali, Expert in Cyber Security in India at 10th WIITF 2019
VARINDIA Magazine
March 18, 2019

Advocate Prashant Mali, Expert in Cyber Security in India at 10th WIITF 2019

Interview of Famous Cyber Law Expert Adv. Prashant Mali.
Indian Legal Solution
January 22, 2019

Indian Legal Solution has taken my interview on my career

CXO Today's Interaction With Advocate Prashant Mali
CXOTodayVideos
January 24, 2017

In an exclusive interaction with CXO Today, Prashant Mali, President Of Cyber Law Consulting (Advocates & Attorneys) Gives Crucial Recommendations For The Proposed Amendments In The IT Act 2000.

Ransom-payers are also the cause of ransomware proliferation
Business Standard
January 07, 2017

operations at a terminal of the country’s largest container port, Jawaharlal Nehru Port Trust in Mumbai, came to a standstill earlier this week. The process of loading and unloading containers was halted as the port’s computers shut down after a major cyberattack that swept across the globe.
The aggressiveness of the malware showed that such attacks were capable of bringing both corporate and government networks to a sudden halt. The ransom to retrieve files was reported $300, to be paid in virtual currency bitcoins.

India must have a National Defence Academy for cyberwarfare
DataQuest Magazine
August 01, 2015

How prepared is India for a cyber war? Can a PPP model help? What are the steps India must take to secure itself? Noted lawyer and cyber security expert, Advocate Prashant Mali shares his perspective

Blue Whale suicide: 'Gaming regulator can save lives; India needs one fast'
Business Standard
January 01, 1970

The government finally woke up to the threat of the Blue Whale challenge and asked internet giants such as Google and Facebook to block access to the game that has pushed many young people to suicide around the world, including in India. In the wake of this imminent threat online, Prashant Mali, a Bombay High Court lawyer and cyber policy expert, in an interview to Veer Arjun Singh explains why India needs to have a gaming regulator to filter through the dangers.

Is cyber risk an abyss?
Asia Insurance Review India rendezvous 2020
January 22, 2020

Panellist at Asia Insurance Review, with GIC Re as co-organiser, provides this platform for both insurers and reinsurers, as well as intermediaries to come together to take stock of the state of the Indian insurance market and the new world of reinsurance to find that sustainable, new business model. Cyber Insurance was the topic discussed here

Creating safe online space for Women and child
Centre for CSR & sustainability excellence - DTalk
September 15, 2018

Cyber & Privacy Law Expert Lawyer of Bombay High court, Mr Prashant Mali Explains about Cybersecurity and online safety at D-Talk. Cybersecurity needs to be in the culture of every individual and accept the vulnerabilities then only we can ensure online security

Hon. Professor
Amity University
January 23, 2018

I was bestowed upon Hon. Professor title by Amity University for my contribution in the field of cybersecurity

Cyber Crime Incidents at GCC Countries
Gartner
May 14, 2019

Prashant Mali at Gartner Security & Risk Conference in Dubai relates a cybercrime and cybersecurity incident of ransomware. How companies have started budgeting for paying the ransom and what is cyber insurance protection company should take.
Unauthorised access for inserting ransomware and asking for ransom is cybercrime and is punishable in UAE & GCC Countries

Cyber Man
Cyber Man
July 12, 2019

Cyber Man is a trademark certificate received under class 41 for Entertainment, Education, Providing of training, Sporting and Cultural Activities

EUGDPR Institute
Government of India Trademark Registry
February 26, 2018

I own the trademark for EUGDPR Institute and the domain www.eugdprinstitute.com