#FactCheck - A misleading video falsely shows Former Prime Minister of India Pandit Jawaharlal Nehru admitting he had no role in India's independence

Introduction

In the rapidly evolving landscape of cyber threats, a novel menace has surfaced the concept of Digital Arrest. The impostors impersonating law enforcement officers deceive the victims into believing that their bank account, SIM card, Aadhaar card, or bank card has been used unlawfully. They coerce victims into paying them money. Digital Arrest involves the virtual restraint of individuals. These suspensions can vary from restricted access to the account(s), and digital platforms, to implementing measures to prevent further digital activities or being restrained on video calling or being monitored through video calling. In the era of digitisation where the technology is growing on an exponential phase, various existing loopholes are being utilised by the wrongdoers which has given rise to this sinister trend known as “digital arrest fraud”. In this scam, the defrauder manipulates the victims, who impersonate law enforcement officials and further traps the victims into a web of deception involving threats of imminent digital restraint and coerced financial transactions.   

Recognizing the Danger of Digital Arrest

A recent case involving an interactive voice response (IVR) call that targeted a victim sheds light on the complexities of the "digital arrest" cybercrime. The victim was notified by the scammers—who were pretending to be law enforcement officers—that a SIM card in her name had apparently been utilised in a criminal incident in Mumbai. The call proceeded to a video conversation with an FBI agent who falsely accused her of being involved in money laundering. The victim was forced into a web of dishonesty because she now believed she was involved in a criminal case, underscoring the psychological manipulation these hackers were using.

Recent incidents of digital arrest fraud  

• Recently, a complaint was registered at the Noida Cyber Crime Police Station made by a 50-year-old victim, who was deceived of over Rs 11 lakh and exposed to "digital arrest". By using the identities of an IPS officer in the CBI and the founder of an airline that was grounded, the attackers, masquerading as law enforcement officers, falsely accused the victim of being involved in a fake money-laundering case. She was told that she had another SIM card in her name that was used for fraudulent activities in Mumbai. The complaint made by the victim asserted “Victim’s call was transferred to a person (who identified himself as a Mumbai Police officer) who conducted the initial interrogation over the call and then on Skype VC, where she stayed from 9:30 AM to around 7 in the evening. The woman ended up transferring around ₹11.11 lakh. The scammers then ended contact with her, after which she realised she had been scammed. 
• Another recent case of digital arrest fraud came from Faridabad. Where a 23-year-old girl got a call from a fraudster posing as a Lucknow customs officer. The caller said that a package was being shipped to Cambodia that included cards and passports associated with the victim's Aadhaar number. The victim was forced to believe that she was a part of illegal activity, which included trafficking in humans. Under the guise of police officials, the hackers made up allegations before extorting money from the victim. After that, she was told by a man acting as a CBI official that she needed to pay five per cent of the total which was Rs 15 lakh. She said the cybercriminals instructed her not to log off Skype. In the meantime, she ended up transferring Rs 2.5 lakh to a bank account shared by cybercriminals. 

Measures to protect oneself from digital arrest

Sustaining a practical and observant approach towards cybersecurity is the key to lowering the peril of being targeted and experiencing digital arrest. Following are certain best practices for ensuring the same:

• Cyber Hygiene: This includes maintaining cyber hygiene by regularly updating passwords, and software and also enabling two-factor authentications to reduce the chances of unauthorized access.

• Phishing Attempts: These can be evaded by refraining from clicking on dubious links or downloading attachments from unknown sources and also authenticating the legitimacy of emails and messages before sharing any personal information.

• Secured devices: By installing reputable antivirus and anti-malware solutions and keeping operating systems and applications up to date with the latest security protocols.

• Virtual Private Networks (VPNs): VPNs can be employed to encrypt internet connections thus enhancing privacy and security. However one must be cautious of free VPN services and OTP only for trustworthy providers.  

• Monitor online services: A regular review of online accounts for any unauthorized or unlawful activities and setting up alerts for any changes to account settings or login attempts may help in the early detection of cybercrime and coping with it.

• Secure communication channels: Using secure communication techniques such as encryption can be done for the protection of sensitive information. Sharing of passwords and other information must be cautiously done especially in public forums.

• Awareness: The increasing prevalence of cybercrime known as "digital arrest" underscores the need for preventive measures and increased public awareness. Educational initiatives that draw attention to prevalent cyber threats—especially those that include law enforcement impersonation—can enable people to identify and fend off scams of this kind. The collaboration of law enforcement agencies and telecommunication companies can effectively limit the access points used by fraudsters by identifying and blocking susceptible calls.

Conclusion

The rise of Digital Arrest presents a noteworthy and innovative threat to cybersecurity by taking advantage of people's weaknesses through deceitful impersonation and coercive measures. The case in Noida is a prime example of the boldness and skill of cybercriminals who use fear and false information to trick victims into thinking they are in danger of suffering harsh legal repercussions and taking large amounts of money. In order to combat this increasing cybercrime, people need to take a proactive and watchful stance when it comes to cybersecurity. Cyber hygiene techniques, such as two-factor authentication and frequent password changes, are essential for lowering the possibility of unwanted access. Important precautions include being aware of phishing efforts, protecting devices with reliable antivirus software, and using Virtual Private Networks (VPNs) to increase privacy. Cybercriminals and fraudsters often use fear as a powerful tool to manipulate people and exploit their vulnerabilities for illicit gains in the realms of cybercrime and financial fraud. To protect themselves against the sneaky threat of Digital Arrest, netizens must traverse the constantly changing cyber threat landscape with collective knowledge, educated practices, and strong cybersecurity measures. 

References:

1. https://www.business-standard.com/india-news/new-cyber-crime-trend-unravelled-in-up-woman-held-under-digital-arrest-123120200485_1.html
2. https://www.businessinsider.in/india/news/noida-woman-scammed-11-lakh-in-digital-arrest-scam-everything-you-need-to-know/articleshow/105727970.cms
3. https://m.timesofindia.com/life-style/parenting/moments/23-year-old-faridabad-girl-on-digital-arrest-for-17-days-how-to-protect-your-children-from-cyber-crime/photostory/105442556.cms

Introduction

The Ministry of Electronics and Information Technology recently released the IT Intermediary Guidelines 2023 Amendment for social media and online gaming. The notification is crucial when the Digital India Bill’s drafting is underway. There is no denying that this bill, part of a series of bills focused on amendments and adding new provisions, will significantly improve the dynamics of Cyberspace in India in terms of reporting, grievance redressal, accountability and protection of digital rights and duties.

What is the Amendment?

The amendment comes as a key feature of cyberspace as the bill introduces fact-checking, a crucial aspect of relating information on various platforms prevailing in cyberspace. Misformation and disinformation were seen rising significantly during the Covid-19 pandemic, and fact-checking was more important than ever. This has been taken into consideration by the policymakers and hence has been incorporated as part of the Intermediary guidelines. The key features of the guidelines are as follows –

• The phrase “online game,” which is now defined as “a game that is offered on the Internet and is accessible by a user through a computer resource or an intermediary,” has been added.
• A clause has been added that emphasises that if an online game poses a risk of harm to the user, intermediaries and complaint-handling systems must advise the user not to host, display, upload, modify, publish, transmit, store, update, or share any data related to that risky online game.
• A proviso to Rule 3(1)(f) has been added, which states that if an online gaming intermediary has provided users access to any legal online real money game, it must promptly notify its users of the change, within 24 hours.
• Sub-rules have been added to Rule 4 that focus on any legal online real money game and require large social media intermediaries to exercise further due diligence. In certain situations, online gaming intermediaries:

• Are required to display a demonstrable and obvious mark of verification of such online game by an online gaming self-regulatory organisation on such permitted online real money game
• Will not offer to finance themselves or allow financing to be provided by a third party.
• Verification of real money online gaming has been added to Rule 4-A.

• The Ministry may name as many self-regulatory organisations for online gaming as it deems necessary for confirming an online real-money game.
• Each online gaming self-regulatory body will prominently publish on its website/mobile application the procedure for filing complaints and the appropriate contact information.
• After reviewing an application, the self-regulatory authority may declare a real money online game to be a legal game if it is satisfied that:

• There is no wagering on the outcome of the game.
• Complies with the regulations governing the legal age at which a person can engage into a contract.
• The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 have a new rule 4-B (Applicability of certain obligations after an initial period) that states that the obligations of the rule under rules 3 and 4 will only apply to online games after a three-month period has passed.
• According to Rule 4-C (Obligations in Relation to Online Games Other Than Online Real Money Games), the Central Government may direct the intermediary to make necessary modifications without affecting the main idea if it deems it necessary in the interest of India’s sovereignty and integrity, the security of the State, or friendship with foreign States.
• Intermediaries, such as social media companies or internet service providers, will have to take action against such content identified by this unit or risk losing their “safe harbour” protections under Section 79 of the IT Act, which let intermediaries escape liability for what third parties post on their websites. This is problematic and unacceptable. Additionally, these notified revisions can circumvent the takedown order process described in Section 69A of the IT Act, 2000. They also violated the ruling in Shreya Singhal v. Union of India (2015), which established precise rules for content banning.
• The government cannot decide if any material is “fake” or “false” without a right of appeal or the ability for judicial monitoring since the power to do so could be abused to thwart examination or investigation by media groups. Government takedown orders have been issued for critical remarks or opinions posted on social media sites; most of the platforms have to abide by them, and just a few, like Twitter, have challenged them in court.

Conclusion

The new rules briefly cover the aspects of fact-checking, content takedown by Govt, and the relevance and scope of sections 69A and 79 of the Information Technology Act, 2000. Hence, it is pertinent that the intermediaries maintain compliance with rules to ensure that the regulations are sustainable and efficient for the future. Despite these rules, the responsibility of the netizens cannot be neglected, and hence active civic participation coupled with such efficient regulations will go a long way in safeguarding the Indian cyber ecosystem.

Introduction

Bumble’s launch of its ‘Opening Move’ feature has sparked a new narrative on safety and privacy within the digital dating sphere and has garnered mixed reactions from users. It was launched against the backdrop of women stating that the ‘message first’ policy of Bumble was proving to be tedious. Addressing the large-scale review, Bumble launched its ‘Opening Move’ feature, whereby users can either craft or select from pre-set questions which potential matches may choose to answer to start the conversation at first glance. These questions are a segue into meaningful and insightful conversation from the get-go and overstep the traditional effort to start engaging chats between matched users. This feature is an optional feature that users may enable and as such does not prevent a user from exercising the autonomy previously in place.

Innovative Approach to Conversation Starters

Many users consider this feature as innovative; not only does it act as a catalyst for fluid conversation but also cultivates insightful dialogue, fostering meaningful interactions that are devoid of the constraint of superficial small talk. The ‘Opening Moves’ feature may also be aligned with unique scientific research indicating that individuals form their initial attractions within 3-seconds of intimate interaction, thereby proving to be a catalyst to the decision-making process of an individual in the attraction time frame. 

Organizational Benefits and Data Insights

From an organisational standpoint, the feature is a unique solution towards localisation challenges faced by apps; the option of writing a personalised ‘Opening Move’ implies setting prompts that are culturally relevant and appropriate in a specific area. Moreover, it is anticipated that Bumble may enhance and improve user experience within the platform through data analysis. Data from responses to an ‘Opening Move’ may provide valuable insights into user preferences and patterns by analysing which pre-set prompts garner more responses over others and how often is a user-written ‘Opening Move’ successful in obtaining a response in comparison with Bumble’s pre-set prompts. A quick glance at Bumble’s privacy policy[1] shows that data storing and transferring of chats between users are not shared with third parties, further safeguarding personal privacy. However,  Bumble does use the chat data for its own internal purposes after removing personally identifiable information from chats. The manner of such review and removal of data has not been specified, which may raise challenges depending upon whether the reviewer is a human or an algorithm.

However, some users perceive the feature as counterproductive to the company’s principle of ‘women make the first move’. While Bumble aims to market the feature as a neutral ground for matched users based on the exercise of choice, users see it as a step back into the heteronormative gender expectations that most dating apps conform to, putting the onus of the ‘first move’ on men. Many male users have complained that the feature acts as a catalyst for men to opt out of the dating app and would most likely refrain from interacting with profiles enabled with the ‘Opening Move’ feature, since the pressure to answer in a creative manner is disproportionate with the likelihood their response actually being entertained.[2] Coupled with the female users terming the original protocol as ‘too much effort’, the preset questions of the ‘Opening Move’ feature may actively invite users to categorise potential matches according to arbitrary questions that undermine real-life experiences, perspectives and backgrounds of each individual.[3]

Additionally, complications are likely to arise when a notorious user sets a question that indirectly gleans personal or sensitive, identifiable information. The individual responding may be bullied or be subjected to hateful slurs when they respond to such carefully crafted conversation prompts.

Safety and Privacy Concerns

On the corollary, the appearance of choice may translate into more challenges for women on the platform. The feature may spark an increase in the number of unsolicited, undesirable messages and images from a potential match. The most vulnerable groups at present remain individuals who identify as females and other sexual minorities.[4] At present, there appears to be no mechanism in place to proactively monitor the content of responses, relying instead on user reporting. This approach may prove to be impractical given the potential volume of objectionable messages, necessitating a more efficient solution to address this issue. It is to be noted that in spite of a user reporting, the current redressal systems of online platforms remain lax, largely inadequate and demonstrate ineffectiveness in addressing user concerns or grievances. This lack of proactiveness is violative of the right to redressal provided under the Digital Personal Data Protection Act, 2023. It is thought that the feature may actually take away user autonomy that Bumble originally aimed to grant since Individuals who identify as introverted, shy, soft-spoken, or non-assertive may refrain from reporting harassing messages altogether, potentially due to discomfort or reluctance to engage in confrontation. Resultantly, it is anticipated that there would be a sharp uptake in cases pertaining to cyberbullying, harassment and hate speech (especially vulgar communications) towards both the user and the potential match. 

From an Indian legal perspective, dating apps have to adhere to the Information Technology Act, 2000 [5], the Information Technology (Intermediary and Digital Media Ethics) Rules 2021 [6] and the Digital Personal Data Protection Act, 2023, that regulates a person’s digital privacy and set standards on the kind of content an intermediary may host. An obligation is cast upon an intermediary to uprise its users on what content is not allowed on its platform in addition to mandating intimation of the user’s digital rights. The lack of automated checks, as mentioned above, is likely to make Bumble non-compliant with the ethical guidelines. 

The optional nature of the ‘Opening Move’ grants users some autonomy. However, some technical updates may enhance the user experience of this feature. Technologies like AI are an effective aid in behavioural and predictive analysis. An upgraded ‘matching’ algorithm can analyse the number of un-matches a profile receives, thereby identifying and flagging a profile having multiple lapsed matches. Additionally, the design interface of the application bearing a filter option to filter out flagged profiles would enable a user to be cautious while navigating through the matches. Another possible method of weeding out notorious profiles is by deploying a peer-review system of profiles whereby a user has a singular check-box that enables them to flag a profile. Such a checkbox would ideally be devoid of any option for writing personal comments and would bear a check box stating whether the profile is most or least likely to bully/harass. This would ensure that a binary, precise response is recorded and any coloured remarks are avoided. [7]

Governance and Monitoring Mechanisms

From a governance point of view, a monitoring mechanism on the manner of crafting questions is critical. Systems should be designed to detect certain words/sentences and a specific manner of framing sentences to disallow questions contrary to the national legal framework. An onscreen notification having instructions on generally acceptable manner of conversations as a reminder to users to maintain cyber hygiene while conversing is also proposed as a mandated requirement for platforms. The notification/notice may also include guidelines on what information is safe to share in order to safeguard user privacy. Lastly, a revised privacy policy should establish the legal basis for processing responses to ‘Opening Moves’, thereby bringing it in compliance with national legislations such as the Digital Personal Data Protection Act, 2023.

Conclusion

Bumble's 'Opening Move' feature marks the company’s ‘statement’ step to address user concerns regarding initiating conversations on the platform. While it has been praised for fostering more meaningful interactions, it also raises not only ethical concerns but also concerns over user safety. While the 'Opening Move' feature can potentially enhance user experience, its success is largely dependent on Bumble's ability to effectively navigate the complex issues associated with this feature. A more robust monitoring mechanism that utilises newer technology is critical to address user concerns and to ensure compliance with national laws on data privacy.

Endnotes:

• [1] Bumble’s privacy policy https://bumble.com/en-us/privacy  
• [2] Discussion thread, r/bumble, Reddit https://www.reddit.com/r/Bumble/comments/1cgrs0d/women_on_bumble_no_longer_have_to_make_the_first/?share_id=idm6DK7e0lgkD7ZQ2TiTq&utm_content=2&utm_medium=ios_app&utm_name=ioscss&utm_source=share&utm_term=1&rdt=65068 
• [3] Mcrea-Hedley, Olivia, “Love on the Apps: When did Dating Become so Political?”, 8 February 2024 https://www.service95.com/the-politics-of-dating-apps/ 
• [4] Gewirtz-Meydan, A., Volman-Pampanel, D., Opuda, E., & Tarshish, N. (2024). ‘Dating Apps: A New Emerging Platform for Sexual Harassment? A Scoping Review. Trauma, Violence, & Abuse, 25(1), 752-763. https://doi.org/10.1177/15248380231162969 
• [5]  Information Technology Act, 2000 https://www.indiacode.nic.in/bitstream/123456789/13116/1/it_act_2000_updated.pdf 
• [6]  Information Technology (Intermediary Guidelines and Digital Media Ethics) Rules 2021 https://www.meity.gov.in/writereaddata/files/Information%20Technology%20%28Intermediary%20Guidelines%20and%20Digital%20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf 
• [7]  Date Confidently: Engaging Features in a Dating App (Use Cases), Consaguous, 10 July 2023 https://www.consagous.co/blog/date-confidently-engaging-features-in-a-dating-app-use-cases  

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