#FactCheck: A digitally altered video of actor Sebastian Stan shows him changing a ‘Tell Modi’ poster to one that reads ‘I Told Modi’ on a display panel.

Introduction

Personalised advertisements deploy a mechanism that derives from the collection of the user’s data. Although it allows for a more tailored user experience, one cannot ignore the method through which this is achieved. Recently, as per a report by the Indian Express on 13th November 2024, Meta has come up with a less personalised ad option on Facebook and Instagram for its users in the European Union (EU). This was done due to the incompatibility of their previous ad offer with the EU’s Digital Markets Act (DMA). 

Relevant Legislation

In October 2023, Meta came up with a “Pay or Consent” option for their users in the EU. It gave the users two options: either to pay a monthly subscription fee to avail of the ad-free usage variant of Facebook and Instagram, or to give consent to see personalised ads based on the user’s data. This consent model was introduced in their attempts to comply with the EU’s DMA. However, this was found to be incompatible with the said mandate, according to the EU regulators, as they believed that the users should not only have the option to consent to ads but also have access to less personalised but equivalent alternatives. It is this decision that pushed Meta to come up with less personalised ad options for users in the EU. The less-personalised ad option claims to rely on limited data and show ads that are only based on the context of what is being viewed i.e. during a Facebook or Instagram session requiring a minimum set of data points such as location, age, gender, and the user’s engagement with the ads. However, choosing this option also allows for such ads to be less skippable. 

The EU’s Digital Markets Act came into force on November 1, 2022. The purpose was to make the digital marketing sector fairer and in doing so, identify what they consider to be “Gatekeepers” (core platform services such as messenger services, search engines, and app stores) and a list of do’s and don’ts for them. One of them, applicable to the case mentioned above, is the effective consent required by the user in case the gatekeeper decides to target advertisements enabled by tracking the users' activity outside the gatekeeper's core platform services. 

The Indian Context

Although no such issues have been raised in India yet, it is imperative to know that in the Indian context, the DPDP (Digital Personal Data Protection) Act 2023 governs personal data regulation. This includes rules for Data Fiduciaries (those who, alone or in partnership with others, determine the means and purpose of processing personal data), the Data Principal (those who give data), Consent Managers, and even rules regarding processing data of children. 

CyberPeace Recommendations:

At the level of the user, one can take steps to ensure limited collection of personal data by following the mentioned steps: 

• Review Privacy Settings- Reviewing Privacy settings for one’s online accounts and devices is a healthy practice to avoid giving unnecessary information to third-party applications.
• Private Browsing- Browsing through private mode or incognito is encouraged, as it prevents websites from tracking your activity and personal data.
• Using Ad-blockers- Certain websites have a user option to block ads when the user first visits their page. Availing of this prevents spam advertisements from the respective websites.
• Using VPN- Using Virtual Private Networks enables users to hide their IP address and their data to be encrypted, preventing third-party actors from tracking the users' online activities
• Other steps include clearing cookies and cache data and using the location-sharing feature with care.

Conclusion

Meta’s compliance with the EU’s DMA signals that social media platforms cannot circumnavigate their way around rules. Balancing the services provided while respecting user privacy is of the utmost importance. The EU has set precedence for a system that respects this and can be used as an example to help set guidelines for how other countries can continue to deal with similar issues and set standards accordingly.

References

• https://indianexpress.com/article/technology/tech-news-technology/meta-less-personalised-ads-eu-regulatory-demands-9667266/
• https://rainmaker.co.in/blog/view/the-price-of-personalization-how-targeted-advertising-breaches-data-privacy-and-challenges-the-gdprs-shield
• https://www.infosecurity-magazine.com/magazine-features/fines-data-protection-violations/
• https://www.forbes.com/councils/forbestechcouncil/2023/09/01/the-landscape-of-personalized-advertising-efficiency-versus-privacy/
• https://iapp.org/news/a/pay-or-consent-personalized-ads-the-rules-and-whats-next
• https://economictimes.indiatimes.com/news/how-to/how-to-safeguard-privacy-in-the-era-of-personalised-ads/articleshow/102748711.cms?from=mdr
• https://www.business-standard.com/technology/tech-news/facebook-instagram-users-in-europe-can-opt-for-less-personalised-ads-124111201558_1.html
• https://digital-markets-act.ec.europa.eu/about-dma_en

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What Is a VPN and its Significance 

A Virtual Private Network (VPN) creates a secure and reliable network connection between a device and the internet. It hides your IP address by rerouting it through the VPN’s host servers. For example, if you connect to a US server, you appear to be browsing from the US, even if you’re in India. It also encrypts the data being transferred in real-time so that it is not decipherable by third parties such as ad companies, the government, cyber criminals, or others.

All online activity leaves a digital footprint that is tracked for data collection, and surveillance, increasingly jeopardizing user privacy. VPNs are thus a powerful tool for enhancing the privacy and security of users, businesses, governments and critical sectors. They also help protect users on public Wi-Fi networks ( for example, at airports and hotels), journalists, activists and whistleblowers, remote workers and businesses, citizens in high-surveillance states, and researchers by affording them a degree of anonymity. 

What VPNs Do and Don’t 

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•  What VPNs Can Do:
  
  • Mask your IP address to enhance privacy.
  • Encrypt data to protect against hackers, especially on public Wi-Fi.
  • Bypass geo-restrictions (e.g., access streaming content blocked in India).
•  What VPNs Cannot Do:
  
  • Make you completely anonymous and protect your identity (websites can still track you via cookies, browser fingerprinting, etc.).
  • Protect against malware or phishing.
  • Prevent law enforcement from tracing you if they have access to VPN logs.
  • Free VPNs usually even share logs with third parties. 

VPNs in the Context of India’s Privacy Policy Landscape 

In April 2022, CERT-In (Computer Emergency Response Team- India) released Directions under Section 70B (6) of the Information Technology (“IT”) Act, 2000, mandating VPN service providers to store customer data such as “validated names of subscribers/customers hiring the services, period of hire including dates, IPs allotted to / being used by the members, email address and IP address and time stamp used at the time of registration/onboarding, the purpose for hiring services, validated address and contact numbers, and the ownership pattern of the subscribers/customers hiring services” collected as part of their KYC (Know Your Customer) requirements, for a period of five years, even after the subscription has been cancelled. While this directive was issued to aid with cybersecurity investigations, it undermines the core purpose of VPNs- anonymity and privacy. It also gave operators very little time to carry out compliance measures. 

Following this, operators such as NordVPN, ExpressVPN, ProtonVPN, and others pulled their physical servers out of India, and now use virtual servers hosted abroad (e.g., Singapore) with Indian IP addresses. While the CERT-In Directions have extra-territorial applicability, virtual servers are able to bypass them since they physically operate from a foreign jurisdiction. This means that they are effectively not liable to provide user information to Indian investigative agencies, beating the whole purpose of the directive. To counter this, the Indian government could potentially block non-compliant VPN services in the future. Further, there are concerns about overreach since the Directions are unclear about how long CERT-In can retain the data it acquires from VPN operators, how it will be used and safeguarded, and the procedure of holding VPN operators responsible for compliance. 

Conclusion: The Need for a Privacy-Conscious Framework

The CERT-In Directions reflect a governance model which, by prioritizing security over privacy, compromises on safeguards like independent oversight or judicial review to balance the two. The policy design renders a lose-lose situation because virtual VPN services are still available, while the government loses oversight. If anything, this can make it harder for the government to track suspicious activity.  It also violates the principle of proportionality established in the landmark privacy judgment, Puttaswamy v. Union of India (II) by giving government agencies the power to collect excessive VPN data on any user. These issues underscore the need for a national-level, privacy-conscious cybersecurity framework that informs other policies on data protection and cybercrime investigations. In the meantime, users who use VPNs are advised to choose reputable providers, ensure strong encryption, and follow best practices to maintain online privacy and security.

References 

• https://www.kaspersky.com/resource-center/definitions/what-is-a-vpn 
• https://internetfreedom.in/top-secret-one-year-on-cert-in-refuses-to-reveal-information-about-compliance-notices-issued-under-its-2022-directions-on-cybersecurity/#:~:text=tl;dr,under%20this%20new%20regulatory%20mandate. 
• https://www.wired.com/story/vpn-firms-flee-india-data-collection-law/#:~:text=Starting%20today%2C%20the%20Indian%20Computer,years%2C%20even%20after%20they%20have

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Introduction

The ramifications of cybercrime can be far-reaching. Depending on the size of the attack, even entire countries can be affected if their critical infrastructure is connected to the internet. The vast majority of security breaches start within the perimeter and most internet attacks are socially engineered. Unwittingly trusting any email or web request from an unknown sender creates a potential danger for those organisations that depend on the Internet for their business functions. In this ever-evolving digital downtown yet another group has emerged from its darkest corners of targeting the UK’s very bastion of British and global heritage; a treasure trove of around 14 million volumes, ancient manuscripts, in the precious British Library. A group self-identified as Rhysida. Their bold maneuver, executed with the stealth of seasoned cyber brigands, has cast a shadow as long and dark as those found in the Gothic novels that rest on the library's shelves. The late October cyber-attack has thrust the British Library into an unnerving state of chaos, a situation more commonly aligned with works of dystopian fiction than the everyday reality of a revered institution.

The Modus Operandi

The gang uses all-new Rhysida ransomware to jeopardize Virtual Private Networks, which is typically used by library staff to gain access to their employee’s systems remotely. The Ransomware presents itself as a regular decoy file in a familiar fashion as regular phishing attacks in an email, tricking its victim and downloading itself into the host system.  Once the malware enters the system it stays dormant and lurks around the system for a period of time. The new malware has significantly reduced the dwell time from 4 days to less than 24 hours which enables it to evade periodic system checks to avoid detection.

 Implications of Cyber Attack

Implications of the cyber-attack have been sobering and multifaceted. The library's systems, which serve as the lifeline for countless scholars, students, and the reading public, were left in disarray, unsettlingly reminiscent of a grand mansion invaded by incorporeal thieves. The violation has reverberated through the digital corridors of this once-impenetrable fortress, and the virtual aftershocks are ongoing. Patrons, who traverse a diverse spectrum of society, but share a common reverence for knowledge, received unsettling news: the possibility that their private data has been compromised—a sanctity breached, revealing yet again how even the most hallowed of spaces are not impervious to modern threats.

It is with no small sense of irony that we consider the nature of the stolen goods—names, email addresses, and the like. It is not the physical tomes of inestimable value that have been ransacked, but rather the digital footprints of those who sought the wisdom within the library's walls. This virtual Pandora's Box, now unleashed onto the dark web, has been tagged with a monetary value. Rhysida has set the ominous asking price of a staggering $740,000 worth of cryptocurrency for the compromised data, flaunting their theft with a hubris that chills the spine.

Yet, in this convoluted narrative unfolds a subplot that offers some measure of consolation. Payment information purports the library has not been included in this digital heist, offering a glint of reassurance amidst the prevailing uncertainty. This digital storm has had seismic repercussions: the library's website and interconnected systems have been besieged and access to the vast resources significantly hampered. The distressing notice of a 'major technology outage' transformed the digital facade from a portal for endless learning to a bulletin of sorrow, projecting the sombre message across virtual space.

The Impact

The impact of this violation will resonate far beyond the mere disruption of services; it signals the dawn of an era where venerable institutions of culture and learning must navigate the depths of cybersecurity. As the library grapples with the breach, a new front has opened in the age-old battle for the preservation of knowledge. The continuity of such an institution in a digitised world will be tested, and the outcome will define the future of digital heritage management. As the institution rallies, led by Roly Keating, its Chief Executive, one observes not a defeatist retreat, but a stoic, strategic regrouping. Gratitude is extended to patrons and partners whose patience has become as vital a resource as the knowledge the library preserves. The reassurances given, while acknowledging the laborious task ahead, signal not just an intention to repair but to fortify, to adapt, to evolve amidst adversity.

This wretched turn of events serves as a portentous reminder that threats to our most sacred spaces have transformed. The digital revolution has indeed democratised knowledge but has also exposed it to neoteric threats. The British Library, a repository of the past, must now confront a distinctly modern adversary. It requires us to posit whether our contemporary guardians of history are equipped to combat those who wield malicious code as their weapons of choice.

Best Practices for Cyber Resilience 

It is crucial to keep abreast with recent developments in cyberspace and emerging trends. Libraries in the digital age must ensure the protection of their patron’s data by applying comprehensive security protocols to safeguard the integrity, availability and confidentiality of sensitive information of their patrons. A few measures that can be applied by libraries include. 

• Secured Wi-Fi networks: Libraries offering public Wi-Fi facilities must secure them with strong encryption protocols such as WPA 3. Libraries should establish separate networks for internal operations allowing separation of staff and public networks to protect sensitive information. 
• Staff Training Programs: To avoid human error it is imperative that comprehensive training programs are conducted on a regular basis to generate greater awareness of cyber threats among staff and educate them about best practices of cyber hygiene and data security. 
• Data Backups and Recovery Protocols: Patrons' sensitive data should be updated and backed up regularly. Proper verification of the user’s data integrity is crucial and should be stored securely in a dedicated repository to ensure full recovery of the user’s data in the event of a breach. 
• Strong Authentication: Strong authentication to enhance library defenses is crucial to combat cyber threats. Staff and Patrons should be educated on strong password usage and the implementation of Multi-Factor Authentication to add an extra layer of security. 

Conclusion

Finally, whatever the future holds, what remains unassailable is the cultural edifice that is the British Library. Its trials and tribulations, like those of the volumes it safeguards, become a part of a larger narrative of endurance and defiance. In the canon of history—filled with conflicts and resolutions—the library, like the lighter anecdotes and tragic tales it harbours, will decidedly hold its place. And perhaps, with some assurance, we might glean from the sentiment voiced by Milton—an assurance that the path from turmoil to enlightenment, though fraught with strenuous challenges, is paved with lessons learned and resilience rediscovered. Cyberspace is constantly evolving hence it is in our best interest to keep abreast of all developments in this digital sphere. Maximum threats can be avoided if we are vigilant. 

 References:

• https://www.bbc.com/news/entertainment-arts-67544504