In September, 2022, SnTHostings filed a petition before the Delhi High Court, challenging the legality of Direction No. 20(3)/2022-CERT-In dated April 28, 2022 (‘2022 Directions’) by The Indian Computer Emergency Response Team (‘CERT-In’). SnTHostings provides hosting, Virtual Private Network (‘VPN’) and Virtual Private Server (‘VPS’) services. The 2022 Directions presented an existential crisis to SnTHostings as they mandated it to collect a range of personal data and share it with CERT-In on demand and / or on the occurrence of a cyber-security incident. On the last date of hearing, the Delhi High Court directed CERT-In to reply to the Petition within four weeks. CERT-In filed a reply on December 8, 2022. On December 9, 2022, Justice Prathiba Singh of the Delhi High Court granted four weeks to SnTHostings to file a rejoinder to CERT-In’s reply and listed the case for March 9, 2022. Advocate Samar Bansal appeared on behalf of SnTHosting, and IFF provided legal support.
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Justice Prathiba Singh of the Delhi High Court heard the matter on December 9, 2022 where Advocate Samar Bansal argued that the 2022 Directions were vague, beyond the statutory framework and affected the right to trade of SnTHostings. He further informed the court that the CERT-In had filed a counter affidavit to the Petition on December 8, 2022, but it was not on record yet. We note that the counter affidavit is now on record, and we are making it public in the interest of transparency and public conversation. It is available here. We will file a response to it in the next 4 weeks and will update you when it is filed.
We are grateful to Advocate Samar Bansal for representing SnTHostings. He was assisted by Advocates Gautam Bhatia, Vrinda Bhandari, Abhinav Sekhri, Tanmay Singh, Krishnesh Bapat, Ramya Dronamraju and Gayatri Malhotra.
The 2022 Directions have a substantial impact over the internet by restricting how ..
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