ETHICAL IMPLICATIONS OF USING ONLINE MEETING

This article is written by Tanishka Bajaj from Vivekananda Institute of Professional Studies.

ABOUT

It is said that “Necessity is the mother of invention”, coronavirus has forced everyone to rethink their daily lives from work to school to entertainment. After COVID-19 hit the world, there was a drastic change in the functioning of various professions. Most of them became dependent on technology either for conferences or court hearings. This has led to a shift in meetings and events, from in-person gatherings to virtual meetings. COVID-19 brought both challenges and opportunities. In response to work, school closures and recommendations to not gather in huge groups to restrain the spread of infection, it was important to come up with an alternative to digitally transform our places of work to function productively.

COVID 19 has affected Indian Legal System like never before. It has shed light on outdated ways of delivering justice and has given an opportunity to underutilization of work tools and models which have been resisted by the Indian Legal System for a long time. The process of conducting depositions, arbitration, virtual hearings, mediation is likely to continue in the future.

The concept of virtual courts is not new in India, in 2003 Supreme Court of India in State of Maharashtra V. Prafulla Desai held that recording of evidence by court should be considered as’ procedure established by law’. Since then, many subordinate courts have come up with guidelines with respect to Judicial Proceedings through video conferencing. Even then, everything has its both pros and cons. The transition from traditional method of delivering courtroom justice to virtual hearings has raised some genuine concerns among advocates and parties. Many people are concerned about their privacy and safety because of the new video conferencing method. Furthermore, some judicial administrators and parties have faced technical glitches which have hampered with the delivery of justice.

ETHICAL CHALLENGES IN ONLINE MEETINGS

Exposure To Hacking

As the number of people using online meeting platforms increase, reports indicate that configuration led to hacking incidents. This was due to the public sharing of meeting IDs on social media which might have been accessed by strangers. In India, one of the most common platforms for video conferencing is Zoom.

Zoom hacking happens all over the world from anonymous meetings to sensitive and confidential government meetings. This is also known as Zoom bombing. Meetings that are scheduled without a password can easily be hacked. Zoom has since announced many improvements to its configuration and settings to reduce the risk of hacking, but people must understand how to implement those changes. Many video conferencing applications now require a password to access the conference calls, as well as a waiting room function which allows the host to manage participants, they enter the meeting. On the other hand, hosts should enable those settings to use the security feature.

Accessibility

Reports show how representatives of the bar stated that a considerable number of litigants and advocates lack internet connectivity as well as the necessary equipment that are required to engage in the process of virtual hearings. There is a risk that a significant portion of our population will be excluded from the legal system due to circumstances beyond their control. Furthermore, these challenges are likely to affect the lower court more. Internet connection is a luxury that is limited to a privileged few. The discrepancies in internet connections, distribution and access between urban and rural areas pose a significant hurdle to virtual administration of justice.

The government has taken steps to ensure the accessibility of online resources to all, by establishing several e-Seva Kendra which provide information on the status of litigant’s case and other associated questions.

Privacy and Security

While adapting to a fully virtual way of delivering justice, the courts around the world have experienced intrusion in privacy of data for security reasons. Most virtual court proceedings in India are conducted using third party software or platforms, with a handful of them already been dismissed due to security reasons. Third party platforms constitute a security risk and are vulnerable to hacking and misuse. It was suggested that Ministry of Law and Justice and Ministry of Information Technology develop new software for India’s Judicial System to use and conduct virtual court proceedings.

There are many legal technology start-ups that are operating in this field and their inventions can be used to generate modern capabilities and capacities for the Indian court system.

Video Conferencing with Clients and Colleagues

When using technology to communicate with clients and colleagues, the major concern is the security of information related to the client’s representation. The duty of confidentiality “requires a lawyer to act competently to safeguard information relating to the representation of a client against unauthorized access by third parties and against inadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the representation of the client or who are subject to the lawyer’s supervision.”

PETITION TO BAN VIDEO CONFERENCING APP ZOOM IN INDIA

Harsh Chugh, Delhi based tutor filed a case, arguing that the app should be banned for both official and personal use. Video conferencing platforms noticed an overnight spike in demand after COVID 19. Three Judge Supreme court panel headed by CJI Sharad Bobde issued notices to the Central government and Zoom seeking responses.

“Poor privacy and security of the application have enabled the hackers to get access to the meetings, classes, and conferences being conducted online through this application. Zoom is reported to have a bug that can be abused intentionally to leak information of users to third parties,” said the plea.

On 1st April, The Indian Ministry of Home affairs issued an advisory which stated that Zoom is not for official purposes. With more people going online and businesses digitizing workplaces to prepare for work-from-home, there is a need for a data security law that holds companies accountable for breaches. Zoom had publicly apologized for “misleadingly routing traffic through China,” where the Internet is strictly regulated.

The Indian Computer Emergency Response Team (CERT-In), the main cybersecurity organization, is also said to have alerted Zoom users about cyber threats, according to the complaint.

DO’S AND DON’TS OF USING ONLINE MEETING PLATFORMS

Locking Down Meetings – The good news is that many video conferencing apps have security features that might help you prevent problems like hacking. The bad news is that these safeties are left to users with little security training.

Use waiting room feature – In a conferencing application, before the meeting, these features place participants in a separate virtual room and allow the host to admit only those who are supposed to be there.

Enable password protection – Zoom generates a password and a meeting room ID automatically. You need to make sure your service has a separate password or PIN besides a meeting ID number and a string.

Do not allow participants to share screen – Your software should have options for allowing hosts to control screen sharing. When a meeting has commenced, the host might allow selected attendees to share information when needed.

Use the latest version of software – On older software versions, security flaws are more likely to be exploited. Zoom, for example, recently changed its software to require password-protected meetings and has suspended development on new features to focus on addressing privacy and security flaws, implying that more modifications are on the way.

GUIDELINES BY GOVERNMENT TO MAINTAIN ETHINICITY IN COURT WHILE USING VIDEO CONFERENCE

Learned Advocates / In-Person Parties are requested to download the “Jitsi Meet” application from the Android Play Store or the Apple Store on their mobile phones. If you want to use the app on a laptop or desktop, go to URL –https://meet.jit.si/ can be accessed with a web browser. Users are not required to create an account on the application.

The concerned Advocates/Parties shall intimate their preference to appear through Video Conferencing and state the following: –

Case Number and Item Number in Cause List

Name of Advocate / Party

Party for whom appearance is sought

E-mail ID where VC related intimation shall be sent e. Mobile Phone Number (preferably where WhatsApp is installed)

Despite the foregoing, the concerned Bench may direct which and how many participants may be admitted to a VC session at any given moment, taking into account the operation of the VC program and other relevant variables.

Silence should be maintained in the surrounding area so that the Hon’ble Bench and the Counsel can communicate via VC without being disturbed.

WAY FORWARD

Information technology has meant that the administration of justice is not impeded even in these exceptional times. To mitigate the effects of the worldwide pandemic, the Indian legal system is growing increasingly reliant on IT-enabled virtual systems and communication capabilities. Despite the obstacles of this new system, virtual technology is flourishing here.

All of these are indicators that the Indian legal system is on the verge of modernization. The legal culture will be transformed and changed because of this pandemic.