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Begin New Search Author Ananth Padmanabhan Publication Year within 25 Years

1. Civilian Drones: Privacy Challenges and Potential Resolution

Author:
Ananth Padmanabhan
Publication Date:
09-2019
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
This paper, authored as part of the New America US-India Public Interest Technologies Fellowship 2019, examines the privacy implications of drones in civilian airspaces. Though a technology with significant benefits, drones can also carry out extensive snooping and surveillance. As India transitions to a regulatory ecosystem supportive of drone technology, it is imperative that the attention of policy makers be directed to the various privacy harms that lie in store. Here, the different kinds of harms are mapped into two: traditional privacy challenges arising from a spatial invasion by drones into private spaces, and big data risks on account of the business models that the drone industry has paved the path for. Dealing with the first category of risks, the paper argues that serious criminal enforcement, along the lines of what some States in the United States have pursued, is imperative to safeguard the private domain from the prying eyes of third parties. It also points out serious gaps in Indian constitutional jurisprudence when it comes to structural interventions like drone surveillance, and recommends an overall assessment of the impact on privacy baseline from such technologies when the judiciary evaluates their legality against the touchstone of the fundamental right to privacy. On the second kind of risk, the paper argues for privacy dashboards that help citizens evaluate the purpose of drone operations and assess whether equipments retrofitted alongside the drone are truly required to fulfil these purposes or merely meant to gather unrestricted amount of personal and community data.
Topic:
Science and Technology, Privacy, Drones, Surveillance, and Social Policy
Political Geography:
South Asia, India, Asia, North America, and United States of America

2. White Paper on Regulating E-Commerce in India: Need for Principles-based Approach

Author:
Ananth Padmanabhan and Arjun Sinha
Publication Date:
03-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
E-commerce has come under heavy regulatory intervention in the past few months. From data localisation to mandatory sharing of data, and a catch-all definition of e-commerce itself to regulatory barriers for inventory-based business models in all these sectors, these recent proposals leave limited room for natural evolution through market competition. Pushing back against these proposals, this White Paper argues that a principles-based rather than rule-based approach must be adopted to regulate this sector. This can be operationalised through a four-step process: the first step is to identify critical sectors where a policy is required in the first place; the second requires prioritising concerns that regulation needs to address immediately rather than crystal-gazing; the third is to explore possible models of co-regulation; and the final step is to focus on effective enforcement of the limited number of areas where state intervention through policy would exist because of adherence to the first three steps.
Topic:
Science and Technology, Regulation, Internet, Business, and Trade
Political Geography:
South Asia, India, and Asia

3. Civilian Drones and India’s Regulatory Response

Author:
Ananth Padmanabhan
Publication Date:
03-2017
Content Type:
Research Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Unmanned aerial vehicles, also known as UAVs or drones, have decentralized airspace access, allowing agriculturists, construction workers, and other civilian users to integrate aerial monitoring into their daily work. This technological revolution comes with a set of concerns, impinging as it does upon the proprietary, reputational, and security interests of individuals. An appropriate regulatory response and new policy recommendations must go beyond the current regulatory intervention in India.
Topic:
Security and Civil Society
Political Geography:
India

4. Collective Self-Action

Author:
Ananth Padmanabhan and Michael Shih
Publication Date:
12-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
Collective self-defense is an express exception to the U.N. Charter’s prohibition on the use of force by states. It permits a member state to intervene in the defense of another member state when that state has been subject to an unlawful armed attack. Here we consider (1) the obligations that international law places on an intervening state and (2) the best practices for an intervening state that may be derived from past state practice.
Topic:
United Nations, Military Strategy, Legal Theory, Military Intervention, and Collective Defense
Political Geography:
Global Focus

5. Optimal Deterrence: An Evaluation of the Leaks-Regulating Regime

Author:
Ananth Padmanabhan, Tina Thomas, and Jacob Victor
Publication Date:
12-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
Recent high-profile leaks have led to renewed calls, especially from some members of Congress, for a more rigorous leaks-prosecuting regime. In response, others, most visibly the press and certain watchdog groups, have strongly resisted the claim that a more forceful response to unauthorized disclosures benefits the American public. This report evaluates the existing leaks-regulating regime and considers which of the current reform proposals are most likely to provide optimal deterrence. First, this report outlines the myriad and sometimes contradictory interests at stake implicated by unauthorized disclosure of classified information: protecting national security, safeguarding First Amendment rights, ensuring government accountability and transparency, promoting consistency in prosecution, and furthering efficient government functioning. Second, this report examines why it has proven difficult for the government to successfully prosecute leaks. It identifies four leading reasons. First, it can be difficult to identify a leaker, given the vast proliferation of the classification system and the expansion of national security bureaucracy. Second, the government faces significant legal burdens at trial— prosecutors often have to rely on circumstantial evidence; in the case of intangible information disclosure, the government may also have to deal with a heightened scienter requirements. Third, a trial may attract unwanted attention to an issue the government prefers to keep secret and defendants sometimes try to capitalize on this by using “graymail” defenses. Finally, the recipients of unauthorized disclosures—usually members of the press—enjoy robust constitutional protections that can restrict evidence gathering.
Topic:
Governance, Legal Theory, Deterrence, Classification, and Leaks
Political Geography:
Global Focus