DPDP Bill 2023 A Comparative Analysis

Introduction

The development of high-speed broadband internet in the 90s triggered a growth in online gaming, particularly in East Asian countries like South Korea and China. This culminated in the proliferation of competitive video game genres, which had otherwise existed mostly in the form of high-score and face-to-face competitions at arcades. The online competitive gaming market has only become bigger over the years, with a separate domain for professional competition, called esports. This industry is projected to reach US$4.3 billion by 2029,  driven by advancements in gaming technology, increased viewership, multi-million dollar tournaments, professional leagues, sponsorships, and advertising revenues. However, the industry is still in its infancy and struggles with fairness and integrity issues. It can draw lessons in regulation from the traditional sports market to address these challenges for uniform global growth.

The Growth of Esports

The appeal of online gaming lies in its design innovations, social connectivity, and accessibility. Its rising popularity has culminated in online gaming competitions becoming an industry, formally organised into leagues and tournaments with reward prizes reaching up to millions of dollars. Professional teams now have coaches, analysts and psychologists supporting their players. For scale, the 2024 ESports World Cup (EWS) held in Saudi Arabia had the largest combined prize pool of over US$60 million. Such tournaments can be viewed in arenas and streamed online, and by 2025, around 322.7 million people are forecast to be occasional viewers of esports events. 

According to Statista, esports revenue is expected to demonstrate an annual growth rate (CAGR 2024-2029) of 6.59%, resulting in a projected market volume of US$5.9 billion by 2029. Esports has even been recognised in traditional sporting events, debuting as a medal sport in the Asian Games 2022. In 2024, the International Olympic Committee (IOC) announced the Olympic Esports Games, with the inaugural event set to take place in 2025 in Saudi Arabia. Hosting esports events such as the EWS is expected to boost tourism and the host country’s local economy.

The Challenges of Esports Regulation

While the esports ecosystem provides numerous opportunities for growth and partnerships, its under-regulation presents challenges. Due to the lack of a single governing body like the IOC for the Olympics or FIFA for football to lay down centralised rules, the industry faces certain challenges, such as : 

1. Integrity issues: Esports are not immune to cheating attempts. Match-fixing, using advanced software hacks, doping (e.g., Adderall use), and the use of other illegal aids are common.  DOTA, Counter-Strike, and Overwatch tournaments are particularly susceptible to cheating scandals. 
2. Players’ Rights: The teams that contractually own professional players provide remuneration and exercise significant control over athletes, who face issues like overwork, a short-lived career, stress, the absence of collective bargaining forums, instability, etc. 
3. Fragmented National Regulations: While multiple countries have recognised esports as a sport, policies on esports governance and allied regulation vary within and across borders. For example, age restrictions and laws on gambling, taxation, labour, and advertising differ by country. This can create confusion, risks and extra costs, impacting the growth of the ecosystem. 
4. Cybersecurity Concerns: The esports industry carries substantial prize pools and has growing viewer engagement, which makes it increasingly vulnerable to Distributed Denial of Service (DDoS) attacks, malware, ransomware, data breaches, phishing, and account hijacking. Tournament organisers must prioritise investments in secure network infrastructure, perform regular security audits, encrypt sensitive data, implement network monitoring, utilise API penetration testing tools, deploy intrusion detection systems, and establish comprehensive incident response and mitigation plans.

Proposals for Esports Regulation: Lessons from Traditional Sports

To address the most urgent challenges to the esports industry as outlined above,  the following interventions, drawing on the governance and regulatory frameworks of traditional sports, can be made:

1. Need for a Centralised Esports Governing Body: Unlike traditional sports, the esports landscape lacks a Global Sports Organisation (GSO) to oversee its governance. Instead, it is handled de facto by game publishers with industry interests different from those of traditional GSOs. Publishers’ primary source of revenue is not esports, which means they can adopt policies unsuitable for its growth but good for their core business. Appointing a centralised governing body with the power to balance the interests of multiple stakeholders and manage issues like unregulated gambling, athlete health, and integrity challenges is a logical next step for this industry. 
2. Gambling/Betting Regulations: While national laws on gambling/betting vary, GSOs establish uniform codes of conduct that bind participants contractually, ensuring consistent ethical standards across jurisdictions. Similar rules in esports are managed by individual publishers/ tournament organisers, leading to inconsistencies and legal grey areas. The esports ecosystem needs standardised regulation to preserve fair play codes and competitive integrity.
3. Anti-Doping Policies: There is increasing adderall abuse among young players to enhance performance with the rising monetary stakes in esports. The industry must establish a global framework similar to the  World Anti-Doping Code, which, in conjunction with eight international standards, harmonises anti-doping policies across all traditional sports and countries in the world. The esports industry should either adopt this or develop its own policy to curb stimulant abuse. 
4. Norms for Participant Health:  Professional players start around age 16 or 17 and tend to retire around 24. They may be subjected to rigorous practice hours and stringent contracts by the teams that own them. There is a need for international norm-setting by a federation overseeing the protection of underage players. Enforcement of these norms can be one of the responsibilities of a decentralised system comprising country and state-level bodies. This also ensures fair play governance.
5. Respect and Diversity:  While esports is technologically accessible, it still has room for better representation of diverse gender identities, age groups, abilities, races, ethnicities, religions, and sexual orientations. Embracing greater diversity and inclusivity would benefit the industry's growth and enhance its potential to foster social connectivity through healthy competition.

Conclusion

The development of the world’s first esports island in Abu Dhabi gives impetus to the rapidly growing esports industry with millions of fans across the globe. To sustain this momentum, stakeholders must collaborate to build a strong governance framework that protects players, supports fans, and strengthens the ecosystem. By learning from traditional sports, esports can establish centralised governance, enforce standardised anti-doping measures, safeguard athlete rights, and promote inclusivity, especially for young and diverse communities. Embracing regulation and inclusivity will not only enhance esports' credibility but also position it as a powerful platform for unity, creativity, and social connection in the digital age.

Resources

• https://www.statista.com/outlook/amo/esports/worldwide
• https://www.statista.com/statistics/490480/global-esports-audience-size-viewer-type/ 
• https://asoworld.com/blog/global-esports-market-report-2024/#:~:text=A%20key%20driver%20of%20this%20growth%20is%20the%20Sponsorship%20%26%20Advertising,US%24288.9%20million%20in%202024. 
• https://lawschoolpolicyreview.com/2023/12/28/a-case-for-recognising-professional-esports-players-as-employees-of-their-game-publisher/ 
• https://levelblue.com/blogs/security-essentials/the-hidden-risks-of-esports-cybersecurity-on-the-virtual-battlefield 
• https://medium.com/@heyimJoost/esports-governance-and-its-failures-9ac7b3ec37ea 
• https://www.google.com/search?q=adderall+abuse+in+esports&oq=adderall+abuse+in+esports&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIHCAEQIRiPAjIHCAIQIRiPAtIBCDU2MDdqMGo5qAIAsAIB&sourceid=chrome&ie=UTF-8 
• https://americanaddictioncenters.org/blog/esports-adderall-abuse#:~:text=A%202020%20piece%20by%20the,it%20because%20everyone%20was%20using

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Introduction

The Indian government has introduced initiatives to enhance data sharing between law enforcement and stakeholders to combat cybercrime. Union Home Minister Amit Shah has launched the Central Suspect Registry, Cyber Fraud Mitigation Center, Samanvay Platform and Cyber Commandos programme on the Indian Cyber Crime Coordination Centre (I4C) Foundation Day celebration took place on the 10th September 2024 at Vigyan Bhawan, New Delhi. The ‘Central Suspect Registry’ will serve as a central-level database with consolidated data on cybercrime suspects nationwide. The Indian Cyber Crime Coordinating Center will share a list of all repeat offenders on their servers. Shri Shah added that the Suspect Registry at the central level and connecting the states with it will help in the prevention of cybercrime.

Key Highlights of Central Suspect Registry

The Indian Cyber Crime Coordination Centre (I4C) has established the suspect registry in collaboration with banks and financial intermediaries to enhance fraud risk management in the financial ecosystem. The registry will serve as a central-level database with consolidated data on cybercrime suspects. Using data from the National Cybercrime Reporting Portal (NCRP), the registry makes it possible to identify cybercriminals as potential threats.

Central Suspect Registry Need of the Hour

The Union Home Minister of India, Shri Shah, has emphasized the need for a national Cyber Suspect Registry to combat cybercrime. He argued that having separate registries for each state would not be effective, as cybercriminals have no boundaries. He emphasized the importance of connecting states to this platform, stating it would significantly help prevent future cyber crimes.

CyberPeace Outlook

There has been an alarming uptick in cybercrimes in the country highlighting the need for proactive approaches to counter the emerging threats. The recently launched initiatives under the umbrella of the Indian Cyber Crime Coordination Centre will serve as significant steps taken by the centre to improve coordination between law enforcement agencies, strengthen user awareness, and offer technical capabilities to target cyber criminals and overall aim to combat the growing rate of cybercrime in the country.

References:

1. https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2053438

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What is Juice Jacking?

We all use different devices during the day, but they converge to a common point when the battery runs out, the cables and adaptors we use to charge the devices are daily necessities for everyone. These cables and adaptors have access to the only port in the phones and hence are used for juice-jacking attacks. Juice jacking is when someone installs malware or spyware software in your device using an unknown charging port or cable.

How does juice jacking work?

We all use phones and gadgets, like I-phones, smartphones, Android devices: and smartwatches, to simplify our lives. But one thing common in it is the charging cables or USB ports, as the data and power supply pass through the same port/cable.

This is potentially a problem with devastating consequences. When your phone connects to another device, it pairs with it (ports/cables) and establishes a trusted relationship. That means the devices can exchange data. During the charging process, the USB cord opens a path into your device that a cybercriminal can exploit.

There is a default setting in the phones where data transfer is disabled, and the connections which provide the power are visible at the end. For example, in the latest models, when you plug your device into a new port or a computer, a question is pooped asking whether the device is trusted. The device owner cannot see what the USB port connects to in case of juice jacking. So, if you plug in your phone and someone checks on the other end, they may be able to transfer data between your device and theirs, thus leading to a data breach.

A leading airline was recently hacked into, which caused delayed flights across the country. When investigated, it was found that malware was planted in the system by using a USB port, which allowed the hackers access to critical data to launch their malware attack.

FBI’s Advisory

Federal Bureau of Investigation and other Interpol agencies have been very critical of cybercriminals. Inter-agency cooperation has improved the pace of investigation and chances of apprehending criminals. In a tweet by the FBI, the issue of Juice Jakcking was addressed, and public places like airports, railways stations, shopping malls etc., are pinpointed places where such attacks have been seen and reported. These places offer easy access to charging points for various devices, which are the main targets for bad actors. The FBI advises people not to use the charging points and cables at airports, railways stations and hotels and also lays emphasis upon the importance of carrying your own cable and charger.

Tips to protect yourself from juice jacking

There are a few simple and effective tips to keep your smart devices smart, such as –

• Avoid using public charging stations: The best way to protect yourself and your devices is to avoid public charging stations it’s always a good habit to charge your phones in your car, at home, and in offices when not in use.
• Using a wall outlet is a safer option: If it’s too urgent for you to use a public station, try to use wall outlets rather than poles because data can’t get easily transferred.
• Use other methods/modes of charging: If you are travelling, carrying a power bank is always safe, as it is easy to carry.
• Software security: – It’s always advised to update your phone’s software regularly. Once connected to the charging station, lock your device. This will prevent it from syncing or transferring data.
• Enable Airplane mode while charging: If you need to charge your phone from an unknown source in a public area, it is advisable to put the phone on airplane mode or switch it off to prevent anyone from gaining access to your device through any open network.

However, many mobile phones (including iPhones) turn on automatically when connected to power. As a result, your mileage may vary. This is an effective safeguard if your phone does not turn on automatically when connected to power.

Conclusion

As of present, juice-jacking attacks are less frequent. While not the most common type of attack today, the number of occurrences is expected to rise as smartphone gadget usage and penetration are rising across the globe. Our cyber safety and security are in our hands, and hence protecting them is our paramount digital duty. Always remember we see no harm in charging ports, but that doesn’t mean that the possibility of a threat can be ruled out completely. With the increased use of ports for charging, earphones, and data transfer, such crimes will continue and evolve with time. Thus, it is essential to counter these attacks by sharing knowledge and awareness of such crimes and reporting them to competent authorities to eradicate the menace of cybercriminals from our digital ecosystem.